Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3440 by Schofield (Relating to information a claimant must provide when bringing an action asserting an asbestos-related injury.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to require a claimant asserting an asbestos-related injury on or after September 1, 2021, must serve on each defendant a sworn information form specifying the evidence that provides the basis for each claim against each defendant. The bill would require the sworn information form to include certain information with specificity. The bill would require the court to dismiss a claimant's asbestos claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures provided by the bill. The bill would require the court to dismiss a claimant's asbestos claim without prejudice as to all defendants if the claimant fails to comply with the bill's provisions.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.