HB3441 - Relating to the liability of vaccine manufacturers that advertise a harmful vaccine.

      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