§ 99.005.Chapter 33 Does Not Apply

One sentence removing the entire apportionment regime: Chapter 33 does not apply in an action for damages arising from the manufacture of methamphetamine.

The consequences are substantial, and they run in several directions.

The 51 percent bar disappears. A claimant's own responsibility does not reduce their recovery and does not bar it, however great — which matters where a claimant was present at the operation.

Responsible third party designation is unavailable. A defendant cannot put an absent person on the verdict form to absorb a share of the fault.

Settlement credits under that chapter do not operate, and neither does its several liability rule — which the preceding section separately replaces with joint liability.

The proportionate responsibility chapter itself says the same thing from the other side. Its applicability section excludes a cause of action for damages arising from methamphetamine manufacture as described by this chapter, so the disapplication appears in both places.

The damages chapter carries a matching exclusion, disapplying the exemplary damages cap to the same actions.

Three chapters, drafted to agree. The effect is that a methamphetamine manufacturing claim sits almost entirely outside the tort reform architecture: strict liability, minimum damages, entire liability, no apportionment, and no cap.