Texas Civil Practice and Remedies Code

§ 148.003 — LIABILITY FOR CAUSING EXPOSURE TO PANDEMIC DISEASE

CP § 148.003Title 6. MISCELLANEOUS PROVISIONS · Ch. 148. LIABILITY DURING PANDEMIC EMERGENCY

Statute text

(a)A person is not liable for injury or death caused by exposing an individual to a pandemic disease during a pandemic emergency unless the claimant establishes that:

(1)the person who exposed the individual:

(A)knowingly failed to warn the individual of or remediate a condition that the person knew was likely to result in the exposure of an individual to the disease, provided that the person:

(i)had control over the condition;

(ii)knew that the individual was more likely than not to come into contact with the condition; and

(iii)had a reasonable opportunity and ability to remediate the condition or warn the individual of the condition before the individual came into contact with the condition; or

…

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 174 (H.B. 609), Sec. 1, eff. September 1, 2023.