HBA-MSH C.S.H.B. 2087 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2087
By: Clark
Civil Practices
3/26/2001
Committee Report (Substituted)



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.  C.S.H.B. 2087 holds a
person who manufactures 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

C.S.H.B. 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 and delivery of a
controlled substance without regard to whether the person is convicted of
the offense 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

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2087 differs from the original by providing that a person need not
be convicted of manufacturing methamphetamine under the Health and Safety
Code in order to be held liable for damages.