§ 148.003.Liability for Causing Exposure to Pandemic Disease

Title 6. Miscellaneous Provisions · Chapter 148. Liability During Pandemic Emergency · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 148.003 bars exposure claims unless the defendant knowingly failed to warn or comply with government protocols, and requires a causation expert report within 120 days.

Full Text of § 148.003

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a)A person is not liable for injury or death caused by exposing an individual to a pandemic disease during a pandemic emergency unless the claimant establishes that:

(1)the person who exposed the individual:

(A)knowingly failed to warn the individual of or remediate a condition that the person knew was likely to result in the exposure of an individual to the disease, provided that the person:

(i)had control over the condition;

(ii)knew that the individual was more likely than not to come into contact with the condition; and

(iii)had a reasonable opportunity and ability to remediate the condition or warn the individual of the condition before the individual came into contact with the condition; or

(B)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, provided that:

(i)the person had a reasonable opportunity and ability to implement or comply with the standards, guidance, or protocols;

(ii)the person refused to implement or comply with or acted with flagrant disregard of the standards, guidance, or protocols; and

(iii)the government-promulgated standards, guidance, or protocols that the person failed to implement or comply with did not, on the date that the individual was exposed to the disease, conflict with government-promulgated standards, guidance, or protocols that the person implemented or complied with; and

(2)reliable scientific evidence shows that the failure to warn the individual of the condition, remediate the condition, or implement or comply with the government-promulgated standards, guidance, or protocols was the cause in fact of the individual contracting the disease.

(b)Except as provided by Subsection (c), not later than the 120th day after the date a defendant files an answer to a claim to which Subsection (a) applies, the claimant shall serve on the defendant:

(1)a report authored by at least one qualified expert that provides a factual and scientific basis for the assertion that the defendant's failure to act caused the individual to contract a pandemic disease; and

(2)a curriculum vitae for each expert whose opinion is included in the report.

(c)The deadline for serving the report and curriculum vitae required by Subsection (b) may be extended by written agreement of the affected parties.

(d)A defendant must file an objection to the sufficiency of the report and serve the objection on the claimant not later than 21 days after the later of:

(1)the date the report is served on the defendant; or

(2)the date the defendant's answer to the claim is filed.

(e)If a court determines that a report served under Subsection (b) does not represent an objective, good faith effort to provide a factual and scientific basis for the assertion that the defendant's failure to act caused the injured individual to contract a pandemic disease, the court may grant the claimant, on one occasion, a 30-day period to cure any deficiency in the report.

(f)If a sufficient report is not timely served under this section, the court, on the defendant's motion, shall enter an order:

(1)dismissing the claim with respect to the defendant, with prejudice; and

(2)awarding to the defendant reasonable attorney's fees and costs of court incurred by the defendant in the action.

(g)Nothing in this section shall be construed to mean that a single expert must address all causation issues with respect to all defendants.

(h)A report served under this section:

(1)is not admissible in evidence by any party;

(2)may not be used in a deposition, trial, or other proceeding; and

(3)may not be referred to by any party during the course of the action, except in a proceeding to determine if a report is sufficient or timely.

(i)After a claim to which Subsection (a) applies is filed, all claimants, collectively, may take not more than two depositions before the expert report is served as required by Subsection (b).

(j)For purposes of Subsection (a)(1)(B), if an order, rule, or authoritative declaration promulgated by the governor, the legislature, a state agency, or a local governmental entity with jurisdiction over the person conflicts with a different government- promulgated standard, guideline, or protocol, a person may not be considered to fail to implement or comply with the government- promulgated standard, guideline, or protocol if, at the time of the injured individual's exposure to the pandemic disease during a pandemic emergency, the person is making a good faith effort to substantially comply with at least one conflicting order, rule, or declaration.

(k)Notwithstanding any other provision of this section, a business owner or operator that does not require employees or contractors of the business to be vaccinated against a pandemic disease is not liable for injury or death caused by the exposure of an individual to the pandemic disease through an employee or contractor of the business.

End

Plain-English Summary

The longest section in the chapter, and the one that decides exposure litigation.

Subsection (a) sets the liability standard, and the claimant must establish both a conduct element and a causation element.

The conduct element has two routes. Either the person knowingly failed to warn of or remediate a condition they knew was likely to result in exposure — provided they had control, knew the individual was more likely than not to come into contact with it, and had a reasonable opportunity and ability to act. Or the person knowingly failed to implement or comply with government-promulgated standards — provided they had a reasonable opportunity, refused or acted with flagrant disregard, and the standards did not conflict with others they were following.

The causation element is the harder one: reliable scientific evidence must show the failure was the cause in fact of the individual contracting the disease.

Proving where a person caught a communicable disease is close to impossible during community transmission, and the section requires exactly that.

Subsections (b) to (i) build an expert report regime around it. Within 120 days after the defendant files an answer, the claimant must serve a report by a qualified expert giving a factual and scientific basis for causation, with a curriculum vitae — extendable by written agreement. Objections are due within 21 days. A deficient report may be cured once, within 30 days.

Failure means mandatory dismissal with prejudice and mandatory fees and costs. Discovery is limited to two depositions collectively before the report, and the report itself is inadmissible and may not be used or referred to except on sufficiency.

Two further protections: conflicting government orders are excused where the person made a good faith effort to substantially comply with at least one; and a business that does not require vaccination is not liable for exposure through an employee or contractor.

Frequently Asked Questions

Can I sue someone for giving me a pandemic disease in Texas?

Only by proving a knowing failure to warn, remediate, or comply with government protocols, and that reliable scientific evidence shows it caused you to contract the disease.

Is an expert report required?

Yes, within 120 days after the defendant answers, addressing the factual and scientific basis for causation, with a CV.

What happens if I miss the deadline?

On the defendant’s motion the court shall dismiss with prejudice and award reasonable attorney’s fees and costs.

What if government guidance conflicted?

A person making a good faith effort to substantially comply with at least one conflicting order is not treated as failing to comply.

Does not requiring vaccination create liability?

No. A business that does not require employees or contractors to be vaccinated is not liable for exposure through them.

Amendment History

Added by Acts 2021, 87th Leg., R.S., Ch. 528 (S.B. 6), Sec. 3, eff. June 14, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 174 (H.B. 609), Sec. 1, eff. September 1, 2023.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source