SRC-JEC S.B. 41 78(1)   BILL ANALYSIS


Senate Research Center   S.B. 41
By: Carona
State Affairs
7/9/2003
As Filed


DIGEST AND PURPOSE 

Current law permits an asbestos claim to enter the civil court system like
any other civil claim.  An estimated 20 percent of pending asbestos claims
in the United States have been filed in Texas courts. Approximately 8,000
asbestos claims are filed annually in Texas.  As proposed, S.B. 41creates
a new chapter in the Civil Practice and Remedies Code to regulate civil
claims relating to asbestos exposure. The bill establishes medical
criteria for a diagnosis of an asbestos-related disease, prohibits
lawsuits failing to meet the criteria, and gives trial preference to
claims involving malignant asbestos-related conditions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 90, as follows: 

CHAPTER 90.  CLAIMS INVOLVING EXPOSURE TO ASBESTOS

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 90.001.  DEFINITIONS.  Defines "asbestosis," "certified B-reader,"
"chest x-rays," "claim," "claimant," "defendant," "FEV1," "FVC," "ILO
grade," "ILO scale," "mesothelioma," "physician board-certified in
internal medicine," "physician board-certified in oncology," "physician
board-certified in pathology," "Physician Board Certified in Pulmonary
Medicine," "Physician Board Certified in Radiology," "Physician Board
Certified in Occupational Medicine," and "pulmonary function testing." 

Sec. 90.002.  APPLICABILITY.  Provides that this chapter applies to any
claim alleging personal injury or death caused by exposure to asbestos
fibers.  Provides that no such claim shall arise from exposure alone in
the absence of a diagnosis of asbestos related illness consistent with
this chapter. 

Sec. 90.003.  STATE OR FEDERAL PROCEEDINGS.  Provides that this chapter
shall not be construed to diminish any substantive rights or obligations
of any party to any proceeding in this state or outside this state,
including proceedings in the courts of other states or the United States. 

[Reserves Sections 90.004-90.020 for expansion.]

SUBCHAPTER B. FILING CLAIMS

Sec. 90.021.  LIMITATIONS.  Provides that the limitations period for any
claimant failing to  meet the requirements of this chapter is tolled as to
all responsible parties until such time as the claimant meets the
requirements of this chapter.  Requires that no statute of limitation or
of repose governing claims under this chapter commence as a result of a
purported diagnosis or finding of an asbestos-related disease that does
not meet the criteria under this chapter. Provides that upon meeting the
criteria of this chapter, the claimant's right to file suit shall be
governed by Chapter 16 of this code. 

Sec. 90.022.  FILING A CLAIM; FILING FEE.  (a)  Requires a claimant
seeking recovery of damages for personal injury or death caused by
exposure to asbestos fibers to file a petition and information form
containing certain information. 

(b)  Requires each claimant to pay the applicable filing fee.

(c)  Prohibits a claim from being brought on behalf of a group or class of
persons, and multiple claims from being joined unless each claimant files
a complaint and information form and pays the applicable filing fee. 

(d)  Requires the trial court to dismiss a claim, upon motion of any
party, if the complaint and information form are not accompanied by
certain other documents. 

Sec. 90.023.  ADDITIONAL CLAIMS.  Entitles a claimant who has pursued a
claim under Subsection (D)(3) [the bill as drafted contains no indication
as to what section this reference applies to] to pursue a separate and new
claim for a condition that has progressed to a nonmalignant
asbestos-related disease consistent with this chapter, with pulmonary
function testing that demonstrates certain characteristics. 

SECTION 2.  Amends Subsection (a), Section 23.101, Government Code, to
require the trial courts of this state to regularly and frequently set
hearings and trials of pending matters, giving preference to hearings and
trials of a claim or claims alleging personal injury caused by exposure to
asbestos fibers if the basis for the claim is a diagnosis of mesothelioma
or other malignancy allegedly caused by exposure to asbestos fibers. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  upon passage or November 1, 2003.