HBA-MSH H.B. 2087 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2087 By: Clark Civil Practices 57/19/2001 Enrolled BACKGROUND AND PURPOSE Methamphetamine, an addictive stimulant drug, is produced in large quantities in clandestine labs in the United States. In Texas in 1999, 181 drug production labs were seized according to the United States Drug Enforcement Agency. Production of methamphetamine generates five to seven pounds of toxic waste for every pound of methamphetamine produced, and results in environmental clean up costs of $2,500 for even the smallest lab, according to United States Department of Justice figures. Residents living near production labs, hotel owners who unknowingly house production labs, and law enforcement officers involved in seizing the labs are all at risk of extensive damage to the central nervous system, kidneys, and liver, as well as irritation of the skin, nose, and eyes. House Bill 2087 holds a person convicted of manufacturing methamphetamine liable for damages to individuals and property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2087 amends the Civil Practice and Remedies Code to provide that a person who manufactures methamphetamine in violation of provisions in the Health and Safety Code relating to the manufacture or delivery of a controlled substance is strictly liable for any exposure by an individual to the manufacturing process for the greater of actual damages for personal injury, death, or property damage as a result of the exposure or $10,000 for each incident of exposure. The bill provides that a person who manufactures methamphetamine is jointly liable with any other defendant for the entire amount of damages arising from the manufacture. The bill exempts an action against a manufacturer of methamphetamine from provisions relating to proportionate responsibility and limitations on exemplary damages. EFFECTIVE DATE September 1, 2001.