The Committee on State Affairs voted to report House Bill 3441 favorably to the full Senate after hearing testimony for and against the measure, the committee chair announced. The motion to report passed 9-1.

The bill, explained on the floor by Senator Hall, would allow an individual to bring a civil action against a vaccine manufacturer if the manufacturer’s paid advertising in Texas is found in court to have caused harm or injury. “Currently, due to the National Childhood Vaccine Injury Act of 1986, vaccine manufacturers hold no liability if a vaccine or countermeasure harms or injures a Texan,” Senator Hall said while laying out the bill to the committee.

Supporters told the committee the bill is intended to create accountability for advertising rather than bar vaccination or clinic materials. Michelle Evans, political director for Texans for Vaccine Choice, said she testified “in strong favor of HB 3441” on behalf of families who she said were harmed. Jackie Schlegel, executive director of Texans for Medical Freedom, said the bill targets manufacturers’ paid advertising and does not “punish innovation” but “demands responsibility.” Tom Glass of Texas Constitutional Enforcement said the measure is “a fantastic way for the people of Texas to start reclaiming a little bit of control.”

A witness opposed the bill. Steven DeLine, appearing on his own behalf, said he opposed the measure and expressed concern it could chill health communication during an emergency and that the text lacks a negligence or malice standard.

Committee members asked legal questions about how the state measure would interact with federal law that limits vaccine-related claims. Senator Bridwell and others discussed whether focusing on “deceptive advertising” rather than the product itself is intended to avoid federal preemption under the National Childhood Vaccine Injury Act and the Supremacy Clause; Senator Hall described that as the bill’s legal strategy.

Under the bill’s written definitions discussed in committee, “advertising” would include media communications such as television, radio, print, internet and paid promotion, and would exempt posters and handouts distributed by health care providers in clinical settings. The committee noted the plaintiff would have to prove in court that specific advertising statements were false or deceptive.

Senator Hall moved that House Bill 3441 be reported favorably to the full Senate with the recommendation that it do pass and be printed; the clerk called the roll and the committee recorded nine ayes and one nay. The bill will now go to the full Senate for further consideration.

The committee hearing included witnesses who registered for and gave in-person testimony and a period of member questions and debate; public testimony on HB 3441 was then closed.