By DAVID A. DIAZ Legislativemedia@aol.com People who sell illegal drugs in Texas can face years in prison and hefty fines from the state if they are arrested and convicted of engaging in their unlawful business. But under a far-reaching and revolutionary measure introduced by Rep. Aaron Peña, D-Edinburg, those drug dealers and their associates could also be sued for civil damages by the people who buy the illegal drugs and suffer physical, economic, or emotional losses as a result of those illicit purchases. Even families of loved ones who become addicted or die from drug overdoses would be able to sue the convicted drug dealers for financial damages because of the suffering they go through as a result those drug dealers’ illegal activities.

If passed by lawmakers this spring, Peña’s measure, House Bill 1355, would go on the books as the Drug Dealer Liability Act.

“Our communities are under siege,” said Peña. “HB 1355 gives us a weapon to fight back and hit those drug dealers where it will hurt them the most--their pocketbook.”

Substance abusers who sue would have to turn over to narcotics enforcement authorities all the information they have on the drug dealers and their sources of the illegal drugs at least six months before they file a lawsuit.

In addition, the substance abusers must stop using illegal drugs not less than six months before filing their legal action, and they must stay clean until the courts make their final decision.

Peña’s legislation was comes about a month after the U.S. State Department on Jan. 21 issued travel advisories to U.S. citizens warning of growing concerns that Mexican drug lords are linked to growing violence on the Mexican side of the border, possibly threatening increased violence among drug traffickers."

Even drug kingpins on both sides of the U.S. -Mexico border are able to run their operations because they still control vast amounts of money from illegal drug sales.

The proposed state legislation would attack their source of power--their ill-gotten wealth.
“Like so many, I am sick and tired of utter destruction these individuals have caused our communities,” Peña said. “The corruption, the violence and the killings have to stop. It’s up to good people to step forward and fight
back. This is just the tool we need to bankrupt these predators.”

He said Texas law does not clearly establish a means by which drug dealers can be made to pay damages for injuries they cause. Federal and state drug forfeiture laws require that the money seized from convicted drug dealers can be returned to them unless it is directly connected to their drug crimes.

“A dealer’s remaining assets, future inheritance or other income are subject to payment to the plaintiff who successfully brings a lawsuit under the (proposed) Drug Dealer Liability Act,” Peña said.
A plaintiff is the person or party which brings a lawsuit to court.

In addition to the users of illegal drugs, other plaintiffs who would be able to sue for damages would include:
• A parent, legal guardian, child, spouse, or sibling of the individual drug user;
• An individual who was exposed to an illegal drug in utero (before birth);
• An employer of the individual drug user;
• A medical facility, insurer, governmental entity, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise spends money on behalf of the individual drug user; or
• A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
The detailed proposal states that illegal drug dealers could be sued for damages if they engage in any of the following activities:
• Distribution of an illegal drug;
• Possession with an intent to distribute an illegal drug;
• Commission of an act intended to facilitate the marketing or distribution of an illegal drug; or
• An agreement to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug.

A person entitled to bring an action under the proposed law would be able to recover economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other
pecuniary (money) loss proximately caused by the illegal drug use.

Also, plaintiffs filing the lawsuits could recover certain non-economic losses; exemplary damage (also known as punitive damage); reasonable attorneys fees; and the costs of the suit, including reasonable expenses for expert testimony.

The entire text of HB 1355 is available on the Internet at www.house.state.tx.us/members/dist40/pena.htm

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