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89(R) HB 3441 - Enrolled version - Bill Text
H.B. No. 3441
AN ACT
relating to the liability of vaccine manufacturers that advertise a
harmful vaccine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 431, Health and Safety
Code, is amended by adding Section 431.118 to read as follows:
Sec.
431.118.
LIABILITY OF MANUFACTURER FOR ADVERTISING
CERTAIN VACCINES. (a) In this section, "advertise" means a media
communication, including through television, radio, print, the
Internet, digital or electronic media, product placement,
promotion by an influencer in exchange for compensation, or other
manner of paid promotion, a vaccine manufacturer purchases to
promote the manufacturer's vaccine. The term does not include:
(1)
any discussion between a health care provider and
the provider's patient or written materials a health care provider
provides to a patient concerning a vaccine; or
(2)
any posters, decorations, or other materials or
promotional items concerning a vaccine that are displayed in or
made available by a health care facility, health care provider's
office, or other clinical setting.
(b) A manufacturer is liable to an individual if:
(1)
the manufacturer advertises a vaccine in this
state; and
(2)
the advertised vaccine causes harm or injury to
the individual.
(c)
Notwithstanding any other law, an individual may bring
an action under this section not later than the third anniversary of
the date the cause of action accrues.
(d)
A court shall award a claimant who prevails in an action
brought under this section:
(1) actual damages; and
(2)
court costs and reasonable attorney's fees
incurred in bringing the action.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3441 was passed by the House on May
16, 2025, by the following vote: Yeas 88, Nays 31, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3441 was passed by the Senate on May
27, 2025, by the following vote: Yeas 21, Nays 10.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor