78(1) HB 47 - House Committee Report version

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78S10373 DAK-F


By:  Nixon                                                        H.B. No. 47 

Substitute the following for H.B. No. 47:                                     

By:  Hartnett                                                 C.S.H.B. No. 47 



A BILL TO BE ENTITLED

AN ACT

relating to civil claims involving exposure to asbestos or other 
mineral dusts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 4, Civil Practice and Remedies Code, is 
amended by adding Chapter 90 to read as follows:

CHAPTER 90. CLAIMS INVOLVING EXPOSURE TO ASBESTOS FIBERS OR OTHER 
MINERAL DUSTS
	Sec. 90.001.  ADOPTION OF RULES BY SUPREME COURT.  (a)  The 
supreme court shall adopt rules to provide for the creation of an 
inactive docket for claims alleging personal injury or death caused 
by exposure to asbestos fibers or other mineral dusts.
	(b)  The supreme court shall adopt rules under this chapter 
on or before November 1, 2003.
	Sec. 90.002.  MANDATORY GUIDELINES.  Rules adopted under 
Section 90.001 must comply with the mandatory guidelines 
established by this chapter.
	Sec. 90.003.  APPLICABILITY.  (a)  Rules adopted under this 
chapter must provide that the inactive docket procedure under this 
chapter does not apply to a claim 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 and the exposed person is still living.
	(b)  Rules adopted under this chapter must provide for the 
preferential setting of hearings and trials for claims alleging 
personal injury caused by exposure to asbestos fibers if the basis 
for the claim is a diagnosis of mesothelioma or other malignancy 
caused by exposure to asbestos fibers and the exposed person is 
still living.
	(c)  The inactive docket procedure adopted under this 
chapter must apply to claims alleging personal injury or death 
caused by exposure to asbestos fibers or other mineral dusts that 
are:
		(1)  commenced on or after the effective date of this 
chapter; or    
		(2)  pending on that effective date and in which the 
trial, or any new trial or retrial following motion, appeal, or 
otherwise, begins on or after that effective date.
	Sec. 90.004.  PLACEMENT ON THE INACTIVE DOCKET.  (a)  Rules 
adopted under this chapter must provide that a claim alleging 
personal injury or death caused by exposure to asbestos fibers or 
other mineral dusts other than a claim described by Section 
90.003(a) must be placed on the inactive docket when the claim is 
filed.
	(b)  Rules adopted under this chapter must provide that a 
claim may be removed from the inactive docket only if it meets the 
medical criteria for nonmalignant claims established under this 
chapter.
	Sec. 90.005.  LIMITATIONS TOLLED.  Rules adopted under this 
chapter must provide that the limitations period for a claim 
assigned to the inactive docket must be tolled as of the original 
date on which the claim was filed.
	Sec. 90.006.  DISCOVERY AND OTHER COURT ORDERS.  Rules 
adopted under this chapter must provide that a claim on the inactive 
docket is not subject to any order of the trial court in which the 
claim was originally filed affecting active claims involving 
exposure to asbestos fibers or other mineral dusts, including 
discovery orders, and that discovery may not proceed on an inactive 
claim until the claim is removed to the active docket.
	Sec. 90.007.  REMOVAL TO ACTIVE DOCKET.  (a)  Rules adopted 
under this chapter must provide procedures for the removal of a 
claim from the inactive to the active docket on a showing that the 
claimant meets the medical criteria for removal established under 
this chapter.  The rules must assure a reasonable and adequate time 
for discovery and trial preparation consistent with the Texas Rules 
of Civil Procedure.
	(b)  Rules adopted under this chapter must provide that the 
medical criteria for removing a claim alleging exposure to asbestos 
fibers from the inactive to the active docket shall be no less 
stringent than the impairment standards adopted in February 2003 by 
the American Bar Association for nonmalignant claims.
	(c)  Rules adopted under this chapter must establish medical 
criteria for removing a claim alleging exposure to other mineral 
dusts from the inactive to the active docket. The rules must provide 
that a claim may only be removed based on objective medical criteria 
indicating significant respiratory impairment caused to a 
reasonable degree of medical probability by exposure to the 
particular dust or dusts in question.
	(d)  Rules adopted under this chapter must provide that in 
the event a defendant controverts the claimant's showing that the 
medical criteria for removal of a claim have been satisfied, an 
independent medical expert may be appointed by the trial court to 
review the claimant's chest x-rays, pulmonary function testing, 
medical reports, detailed medical history, occupational history, 
and history of exposure, diagnosis, and other information and make 
a recommendation to the trial court.
	(e)  Rules adopted under this chapter must provide that a 
physician with the appropriate Texas board certification in 
occupational disease, oncology, pulmonary medicine, pathology, or 
internal medicine must perform the appropriate testing and physical 
examination and render the diagnosis necessary to support removal 
of a claim from the inactive to the active docket.
	(f)  Rules adopted under this chapter must provide that a 
currently certified B-reader shall perform all x-ray readings 
necessary to support removal of a claim from the inactive to the 
active docket.
	Sec. 90.008.  INACTIVE DOCKET INFORMATION.  (a) Rules 
adopted under this chapter must provide for the collection and 
dissemination of information regarding all claims assigned to and 
removed from the inactive docket in each trial court in this state.
	(b)  Rules adopted under this chapter must provide that the 
information collected contain basic information about the claim, 
including the name of the claimant and the cause number.
	(c)  Rules adopted under this chapter must assure that the 
appropriate filing fee is or has been paid with respect to each 
individual claim to which this chapter applies.  The rules must also 
provide that a reasonable portion of the fee be used to support the 
administration of the inactive docket created by this chapter.
	Sec. 90.009.  BANKRUPTCY TRUSTS.  Rules adopted under this 
chapter must provide that any claimant with a claim on an active or 
inactive docket in a trial court in this state shall be eligible to 
participate in any bankruptcy trust established to compensate 
claimants alleging injury from exposure to asbestos fibers or other 
mineral dusts.
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect November 1, 2003.
	(b)  This Act applies to all actions:                                          
		(1)  commenced on or after the effective date of this 
Act; or               
		(2)  pending on that effective date and in which the 
trial, or any new trial or retrial following motion, appeal, or 
otherwise, begins on or after that effective date.