{"id":"DUT-TX-015","kind":"duty","level":"state","jurisdiction":"Texas","state":"TX","metro":"","industry":"","agency":"","eco":"","issuer":"Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)","authority":"Tex. Civ. Prac. \u0026 Rem. Code § 148.003","instrument":"Tex. Civ. Prac. \u0026 Rem. Code § 148.003","title":"Liability for Causing Exposure to Pandemic Disease","dateIssued":"2021-06-14","effective":"2021-06-14, applicable to actions commenced on or after 2020-03-13 (S.B. 6 § 5(a), Ex. DUT-TX-014)","end":"standing","startDate":"2021-06-14","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","COND"],"addressees":["persons generally; employers; owners or persons in control of premises; specified businesses"],"clause":"A person is not liable... unless the claimant establishes that... the person who exposed the individual... knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease that were applicable to the person or the person\u0027s business","enforcement":"Loss of the statutory protection and exposure to tort liability; a claimant must serve a qualified expert report within 120 days of the answer (§ 148.003(b)) and the claim is dismissed with prejudice if a sufficient report is not served (§ 148.003(f))","functions":[],"notes":"Protection from exposure liability was conditioned on implementing and complying with every \u0027government-promulgated\u0027 standard, guidance or protocol \u0027applicable to the person or the person\u0027s business,\u0027 with loss of the shield where the person \u0027refused to implement or comply with or acted with flagrant disregard of\u0027 them (§ 148.003(a)(1)(B)(ii)); the Legislature thereby declared compliance with the governmental protocols, whatever their own verb, the standard of care for every Texas business from March 13, 2020.","sourceUrl":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.148.htm","snapshot":"","fileExists":true,"fileBytes":495113,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-TX","url":"/library/DUT-TX-015","exhibitUrl":"/exhibit/DUT-TX-015","citation":"Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. \u0026 Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)","stateName":"Texas","related":["DUT-TX-014","DUT-TX-020"]}