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Ex. DUT-TX-015 Standing duty Primary source read

Tex. Civ. Prac. & Rem. Code § 148.003

Liability for Causing Exposure to Pandemic Disease

Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6) · Texas (State)

The COVID Project

The record

Jurisdiction
Texas
Level
State
Authority
Tex. Civ. Prac. & Rem. Code § 148.003
Issued
2021-06-14 June 14, 2021
Effective
2021-06-14, applicable to actions commenced on or after 2020-03-13 (S.B. 6 § 5(a), Ex. DUT-TX-014) (read as 2021-06-14)
End
standing (read as 2021-09-30)
In force
Standing since June 14, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • persons generally; employers; owners or persons in control of premises; specified businesses
Character
liability shield condition
Collection
Standing duties: Texas DUT-TX

Operative words

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's business

Penalty

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))

What it required

Protection from exposure liability was conditioned on implementing and complying with every 'government-promulgated' standard, guidance or protocol 'applicable to the person or the person's business,' with loss of the shield where the person 'refused to implement or comply with or acted with flagrant disregard of' 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.

Retrieval note

The exhibit is the official chapter page as rendered September 29, 2026; the chapter has not been amended since enactment. Subsection (a)(1)(B)(iii) protects a person who followed one of two conflicting governmental protocols, and § 148.003(a)(1)(A) separately reaches a person who 'knowingly failed to warn the individual of or remediate a condition that the person knew was likely to result in the exposure.' Section 148.002 (products), § 148.004 (educational institutions) and § 148.005 (no civil cause of action created) are in the same exhibit.