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A BILL TO BE ENTITLED
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AN ACT
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relating to information a claimant must provide when bringing an |
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action asserting an asbestos-related injury. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 90, Civil Practice and |
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Remedies Code, is amended by adding Section 90.0031 to read as |
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follows: |
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Sec. 90.0031. SWORN INFORMATION FORM REQUIRED FOR CLAIMS |
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INVOLVING ASBESTOS-RELATED INJURY. (a) A claimant asserting an |
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asbestos-related injury on or after September 1, 2021, must, in |
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addition to meeting the requirements of Section 90.003, serve on |
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each defendant a sworn information form specifying the evidence |
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that provides the basis for each claim against each defendant. The |
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sworn information form must be served with the petition and include |
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all of the following with specificity: |
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(1) the name, address, date of birth, marital status, |
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occupation, current and past worksites, and current and past |
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employers of the exposed person and any person through whom the |
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exposed person was exposed to asbestos; |
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(2) each person through whom the exposed person was |
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exposed to asbestos and the exposed person's relationship to each |
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such person; |
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(3) each asbestos-containing product, whether from a |
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bankrupt entity or otherwise, to which the exposed person was |
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exposed, or if the exposed person was exposed through another |
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person, to which that other person was exposed; |
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(4) the specific location and manner of each exposure, |
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including for any person through whom the exposed person was |
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exposed to asbestos; |
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(5) the beginning and ending dates of each exposure, |
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the frequency and length of each exposure, and the proximity of the |
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asbestos-containing product or its use to the exposed person and |
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any person through whom the exposed person was exposed to asbestos; |
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(6) the identity of the manufacturer or seller of the |
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specific asbestos product for each exposure; |
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(7) the specific asbestos-related disease claimed to |
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exist; and |
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(8) any supporting documentation relating to the |
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information required under this subsection. |
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(b) A claimant has a continuing duty to supplement the |
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information that Subsection (a) requires to be disclosed. |
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(c) The court shall dismiss a claimant's asbestos claim |
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without prejudice as to any defendant whose product or premises is |
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not identified in the required disclosures set forth in Subsection |
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(a). |
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(d) The court shall dismiss a claimant's asbestos claim |
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without prejudice as to all defendants if the claimant fails to |
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comply with the requirements of Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2021. |