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By: Janek S.B. No. 8
(In the Senate - Filed June 30, 2003; June 30, 2003, read
first time and referred to Committee on State Affairs;
July 10, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; July 10, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 8 By: Armbrister
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. CLAIMS. In this chapter, claims alleging
personal injury or death are limited to claims alleging respiratory
disease unless the basis for the claims is a diagnosis of
mesothelioma or other malignancy allegedly caused by exposure to
asbestos fibers or other mineral dusts.
Sec. 90.002. 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 January 1, 2004.
Sec. 90.003. MANDATORY GUIDELINES. Rules adopted under
Section 90.002 must comply with the mandatory guidelines
established by this chapter.
Sec. 90.004. 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 or other mineral dusts if the basis for
the claim is a diagnosis of mesothelioma or other malignancy
allegedly caused by exposure to asbestos fibers or other mineral
dusts.
(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 or other
mineral dusts if the basis for the claim is a diagnosis of
mesothelioma or other malignancy caused by exposure to asbestos
fibers or other mineral dusts.
(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. 90.005. 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
90.004(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 removal established under this chapter.
Sec. 90.006. 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. 90.007. 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. 90.008. 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 establish medical
criteria for removing a claim alleging exposure to asbestos fibers
or other mineral dusts from the inactive to the active docket. The
rules must provide that a claim may only be removed based on
objective medial criteria indicating significant respiratory
impairment caused to a reasonable degree of medical probability by
exposure to the asbestos fiber, particular dust, or dusts in
question. The rules must provide that a claim shall be removed
based on a diagnosis of mesothelioma or other malignancy allegedly
caused by exposure to asbestos fibers or other mineral dusts.
(c) 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. The rules must provide that
the defendant bears the costs of the independent medical expert
appointed under this subsection.
(d) Rules adopted under this chapter must provide that a
physician who is currently licensed in this state and currently
board certified in occupational disease, oncology, pulmonary
medicine, pathology, or internal medicine, and whose license or
certification is not on inactive status, 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.
(e) 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. 90.009. 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. 90.010. 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.
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