Texas Civil Practice and Remedies Code - CIV PRAC & REM § 148.002. Products Liability Actions Related to Pandemic Emergency

(1) clothing or equipment worn to minimize exposure to hazards of a pandemic disease that cause injury or illness;

(2) medical devices, equipment, and supplies used during a pandemic emergency or to treat individuals infected or suspected to be infected with a pandemic disease, including devices, equipment, and supplies used or modified for an unapproved use to treat or prevent the spread of the disease or used outside of their normal use to treat or prevent the spread of the disease;

(3) drugs, medicines, or vaccines used to treat or prevent the spread of a pandemic disease, including drugs, medicines, or vaccines prescribed, dispensed, or administered for an unapproved use in an attempt to treat or prevent the spread of the disease or used outside of their normal use in an attempt to treat or prevent the spread of the disease;

(4) tests to diagnose or determine immunity to a pandemic disease;

(5) commercial cleaning, sanitizing, or disinfecting supplies used to prevent the spread of a pandemic disease;  or

(6) any component of a product described by this subsection.

(1) the person:

(2) the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.

(1) the person acted with actual malice in failing to warn or provide adequate instructions regarding the use of the product;  and

(2) the failure to warn or provide adequate instructions regarding the use of the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.

(1) the person:

(2) the product presents an unreasonable risk of substantial harm to an individual using or exposed to the product.