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
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 noteThe 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.