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Senate Bill 15 |
Senate Author: Janek et al. |
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Effective: 9-1-05 |
House Sponsor: Nixon et al. |
Senate Bill 15 amends the Civil Practice and Remedies Code to establish a defined procedure for claims involving asbestos-related and silica-related injuries. The bill raises the threshold for bringing a civil claim involving exposure to asbestos or silica. The bill provides that a person is eligible to bring a civil claim if the person is seeking recovery of damages for or arising from an asbestos-related or a silica-related injury or death, rather than for exposure to asbestos and silica with no functional impairment evidenced. The bill sets out the requirements and procedures relating to the reports and diagnoses necessary for such claims and the requirements for a motion to dismiss and voluntary dismissal of claims. The bill also makes any action pending as of September 1, 2005, subject to multidistrict litigation proceedings. Senate Bill 15 provides that nothing in these provisions is intended to affect the rights of any party in a bankruptcy proceeding or the ability of any person to satisfy the claim criteria for compensable claims or demands under certain trusts. The bill provides that, unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial, and the bill authorizes the Supreme Court of Texas to promulgate rules regarding the joinder of claimants in claims involving asbestos-related and silica-related injury if the rules are consistent with the bill's joinder-of-claimants provision.
Senate Bill 15 sets out a schedule of dates from which the cause of action will accrue for personal injury or death resulting from asbestos-related or silica-related injuries. The bill authorizes an appeal from an interlocutory order that denies a motion to dismiss such an action and requires trial courts to give priority in setting the court docket to actions in which a claimant has been diagnosed with malignant mesothelioma, other malignant asbestos-related cancer, malignant silica-related cancer, or acute silicosis. The bill also prohibits certain entities that offer a health benefit plan or an annuity or life insurance policy or contract in Texas from using the fact that a person has been exposed to asbestos fibers or silica or has filed a claim due to such exposure to reject, deny, limit, cancel, refuse to renew, increase the premium for, or otherwise adversely affect the person's eligibility for coverage under the policy or contract. Senate Bill 15 also provides that there is a direct accelerated appeal to the Supreme Court of Texas from orders based on the constitutionality or validity of the provisions as added by the act.