Monitoring the Session

HB 3441

Luther Bill Makes Vaccine Makers Who Advertise Liable For Harm

Became law, effective Sep 1, 2025

Verdict: No flags

No flagsInitial review
Rep. Shelley LutherRHouse 62

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to the liability of vaccine manufacturers that advertise a harmful vaccine.

Caption from analyzed text · version E.

Summary

Paid influencers count, clinic posters don’t. Three years to sue, plus attorney’s fees.

The bill lets a person sue a vaccine maker if the maker paid to advertise that vaccine in Texas and the vaccine harmed or injured the person. Paid ads on TV, radio, print, the internet and through paid influencers count, but talks between doctors and patients and posters or materials in clinics do not. A winning plaintiff gets actual damages plus court costs and attorney's fees, must sue within three years, and the rule covers claims that arise on or after September 1, 2025.

Labels

Labels: ACROSS THE AISLE. Joint authors: 4 Republicans, 1 Democrat. Party as the Legislative Reference Library lists it for the 89th Legislature.

Receipt

The receipt

89R-HB3441 · 2025-02-26

SOLD BY

Rep. Shelley LutherRHouse 62 Rep. Jeff LeachRHouse 67 Rep. Marc LaHoodRHouse 121

+ 2 more authors, 74 coauthors

ITEM

relating to the liability of vaccine manufacturers that advertise a harmful vaccine.

WHAT IT DOES

Paid influencers count, clinic posters don’t. Three years to sue, plus attorney’s fees.

The bill lets a person sue a vaccine maker if the maker paid to advertise that vaccine in Texas and the vaccine harmed or injured the person. Paid ads on TV, radio, print, the internet and through paid influencers count, but talks between doctors and patients and posters or materials in clinics do not. A winning plaintiff gets actual damages plus court costs and attorney's fees, must sue within three years, and the rule covers claims that arise on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 23, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Judiciary & Civil Jurisprudence
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in formal meeting
  9. Committee substitute considered in committee
  10. Reported favorably as substituted
  11. Comte report filed with Committee Coordinator
  12. Committee report distributed
  13. Committee report sent to Calendars
  14. Considered in Calendars
  15. Placed on General State Calendar
  16. Read 2nd time
  17. Point of order withdrawn Rule 11, Section 2
  18. Passed to engrossment
  19. Record vote RV#2761
  20. Statement(s) of vote recorded in Journal
  21. Read 3rd time
  22. Passed
  23. Record vote RV#2868
  24. Statement(s) of vote recorded in Journal
  25. Reported engrossed
  26. Received from the House
  27. Co-sponsor authorized
  28. Read first time
  29. Referred to State Affairs
  30. Scheduled for public hearing on . . .
  31. Considered in public hearing
  32. Testimony taken in committee
  33. Vote taken in committee
  34. Co-sponsor authorized
  35. Reported favorably w/o amendments
  36. Committee report printed and distributed
  37. Co-sponsor authorized
  38. Placed on intent calendar
  39. Rules suspended-Regular order of business
  40. Record vote
  41. Read 2nd time & passed to 3rd reading
  42. Record vote
  43. Three day rule suspended
  44. Record vote
  45. Read 3rd time
  46. Passed
  47. Record vote
  48. Senate passage reported
  49. Reported enrolled
  50. Signed in the House
  51. Signed in the Senate
  52. Sent to the Governor
  53. Signed by the Governor
  54. Effective on 9/1/25
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“A manufacturer is liable to an individual if:”

Bill text, engrossed version (E)

The bill ties a new private lawsuit, with fee-shifting, to a vaccine maker's paid advertising in Texas.

SIGNED FOR BY

House · 88 yea · 31 nay

Senate · 21 yea · 10 nay

Sources

House: Final passage · May 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · May 27, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Shelley Luther

Donors

Texans United for a Conservative Majority PAC$45KDon Huffines Campaign$30KTexas Trial Lawyers Association PAC$25K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans United for a Conservative Majority PAC$45,000.00

Texans United for a Conservative Majority PAC

$45,000.00

Cash
$45,000.00
Paid by others
$0.00
Total
$45,000.00

Also funds 30 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 24, 2025 to May 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011243, 101066315.

Don Huffines Campaign$30,000.00

Don Huffines Campaign

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Feb 25, 2026 to Feb 27, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Feb 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101066315.

Texas Trial Lawyers Association PAC$25,000.00

Texas Trial Lawyers Association PAC

$25,000.00

Cash
$20,000.00
Paid by others
$5,000.00
Total
$25,000.00
Other filed descriptions $5,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 9, 2024 to Feb 9, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981952, 101011243, 101028556, 101066315.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans United for a Conservative Majority PAC

$45,000.00

Cash
$45,000.00
Paid by others
$0.00
Total
$45,000.00

Also funds 30 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 24, 2025 to May 12, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101011243, 101066315.

×

Don Huffines Campaign

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 1 other sitting lawmakers.

Derived recipient stock · Feb 25, 2026 to Feb 27, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · on Feb 25, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101066315.

×

Texas Trial Lawyers Association PAC

$25,000.00

Cash
$20,000.00
Paid by others
$5,000.00
Total
$25,000.00
Other filed descriptions $5,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Dec 9, 2024 to Feb 9, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981952, 101011243, 101028556, 101066315.

Votes6

Senate May 27, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read third time and was passed by the following vote: Yeas 21, Nays 10.

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
25
Nay
6
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Hall moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 3441 be placed on its third reading and final passage: HB 3441, Relating to the liability of vaccine manufacturers that advertise a harmful vaccine. The motion prevailed by the following vote: Yeas 25, Nays 6.

Published stock of positions for this vote, except where marked derived.

  • Yea: 25 (published)
  • Nay: 6 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The bill was read second time and was passed to third reading by the following vote: Yeas 21, Nays 10. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate May 27, 2025

Yea
21
Nay
10
Present, not voting
Not printed
Absent
0
Excused
0
Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

Senator Hall moved to suspend the regular order of business to take up for consideration HB 3441 at this time on its second reading: HB 3441, Relating to the liability of vaccine manufacturers that advertise a harmful vaccine. The motion prevailed by the following vote: Yeas 21, Nays 10.

Published stock of positions for this vote, except where marked derived.

  • Yea: 21 (published)
  • Nay: 10 (published)
  • Present, not voting: Not printed
  • Absent: 0 (derived from named list)
  • Excused: 0 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

House May 16, 2025

Yea
88
Nay
31
Present, not voting
2
Absent
4
Excused
25
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2868

HB 3441 was passed by (Record 2868): 88 Yeas, 31 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 88 (published)
  • Nay: 31 (published)
  • Present, not voting: 2 (published)
  • Absent: 4 (derived from named list)
  • Excused: 25 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 15, 2025

Yea
99
Nay
43
Present, not voting
1
Absent
2
Excused
5
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2761

CSHB 3441 was passed to engrossment by (Record 2761): 99 Yeas, 43 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 99 (published)
  • Nay: 43 (published)
  • Present, not voting: 1 (published)
  • Absent: 2 (derived from named list)
  • Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses26
For
15
Against
10
On
1
Names

For

  • Self7 registrations
  • Self; SREC SD12 registrations
  • Self; Texans For Medical Freedom1 registration
  • Self; Texans for Medical Freedom1 registration
  • Self; Texans for Vaccine Choice2 registrations
  • Self; Texas Constitutional Enforcement1 registration
  • Self; Texas Eagle Forum1 registration

Against

  • BIO (Biotechnology Innovation Organization)1 registration
  • Self2 registrations
  • Texas Association of Manufacturers2 registrations
  • Texas Healthcare and Bioscience Institute2 registrations
  • Texas Medical Association1 registration
  • The Immunization Partnership2 registrations

On

  • Texans for Lawsuit Reform1 registration
Sources

26 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version E · source

Sources

Fiscal note · version E · May 23, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version E by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 26, 2025

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · House Committee Report · Engrossed · Senate Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors
Daniel AldersRHouse 6 Jeff BarryRHouse 29 Cecil Bell Jr.RHouse 3 Keith BellRHouse 4 Brad BuckleyRHouse 54 Benjamin BumgarnerRHouse 63 Angie Chen ButtonRHouse 112 Briscoe CainRHouse 128 Terry CanalesDHouse 40 Giovanni CapriglioneRHouse 98 David CookRHouse 96 Charles CunninghamRHouse 127 Pat CurryRHouse 56 Aicha DavisDHouse 109 Jay DeanRHouse 7 Mano DeAyalaRHouse 133 Mark DorazioRHouse 122 Caroline FairlyRHouse 87 James FrankRHouse 69 Gary GatesRHouse 28 Stan GerdesRHouse 17 Charlie GerenRHouse 99 Ryan GuillenRHouse 31 Sam HarlessRHouse 126 Cody HarrisRHouse 8 Caroline Harris DavilaRHouse 52 Richard HayesRHouse 57 Cole HefnerRHouse 5 Hillary HicklandRHouse 55 Janis HoltRHouse 18 Andy HopperRHouse 64 Lacey HullRHouse 138 Carrie IsaacRHouse 73 Helen KerwinRHouse 58 Ken KingRHouse 88 Stan KitzmanRHouse 85 Terri Leo WilsonRHouse 23 Mitch LittleRHouse 65 Janie LopezRHouse 37 AJ LouderbackRHouse 30 David LoweRHouse 91 J. M. LozanoRHouse 43 John LujanRHouse 118 Christian ManuelDHouse 22 Don McLaughlinRHouse 80 John McQueeneyRHouse 97 Will MetcalfRHouse 16 Brent MoneyRHouse 2 Matt MorganRHouse 26 Sergio Muñoz Jr.DHouse 36 Mike OlcottRHouse 60 Tom OliversonRHouse 130 Angelia OrrRHouse 13 Jared PattersonRHouse 106 Dennis PaulRHouse 129 Katrina PiersonRHouse 33 Richard Peña RaymondDHouse 42 Keresa RichardsonRHouse 61 Nate SchatzlineRHouse 93 Alan SchoolcraftRHouse 44 Joanne ShofnerRHouse 11 Shelby SlawsonRHouse 59 John T. SmitheeRHouse 86 David SpillerRHouse 68 Valoree SwansonRHouse 150 Tony TinderholtRHouse 94 Steve TothRHouse 15 Ellen TroxclairRHouse 19 Gary VanDeaverRHouse 1 Cody VasutRHouse 25 Denise VillalobosRHouse 34 Wes VirdellRHouse 53 Trey WhartonRHouse 12 Terry M. WilsonRHouse 20
Sponsors
Bob HallRSenate 2
Cosponsors
Brent HagenbuchRSenate 30 Adam HinojosaRSenate 27 Bryan HughesRSenate 1 Mayes MiddletonRSenate 11 Kevin SparksRSenate 31

House committee · Judiciary & Civil Jurisprudence · Committee vote 8 aye, 1 nay, 2 absent · Out of committee

Senate committee · State Affairs · Committee vote 9 aye, 1 nay, 1 absent · Out of committee

Subjects

Civil Remedies & Liabilities

Health--General

ADVERTISING

IMMUNIZATIONS

Text

The text as introduced · 164 words

89R9939 MCF-D

By: Luther
H.B. No. 3441

A BILL TO BE ENTITLED

AN ACT

relating to the liability of vaccine manufacturers for advertising

a harmful vaccine.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 431, Health and Safety

Code, is amended by adding Section 431.118 to read as follows:

Sec. 431.118. LIABILITY OF MANUFACTURER FOR ADVERTISING

CERTAIN VACCINES. (a) A manufacturer is liable to an individual

if:

(1) the manufacturer advertises a vaccine in this

state; and

(2) the vaccine causes harm or injury to the

individual.

(b) A court shall award a claimant who prevails in an action

brought under this section:

(1) actual damages; and

(2) court costs and reasonable attorney's fees

incurred in bringing the action.

SECTION 2. The change in law made by this Act applies only

to a cause of action that accrues on or after the effective date of

this Act.

SECTION 3. This Act takes effect September 1, 2025.