This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSSB 15 as follows:
(1) In SECTION 1 of the bill, in proposed Subsection (n)(3)
(committee printing, page 3, line 27), strike "nonmalignant".
(2) In SECTION 2 of the bill, in proposed Subdivision
(23)(A), Section 90.001, Civil Practice and Remedies Code
(committee printing, page 4, line 56), strike "(5th ed. 2000)".
(3) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 6, line 11), strike "at or".
(4) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 6, line 13), strike "below" and substitute "above".
(5) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 6, line 16), strike "at or".
(6) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 6, lines 24 through 25), strike "available to
demonstrate" and substitute "demonstrating".
(7) In SECTION 2 of the bill, in proposed Subsection (c),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 6, lines 63 through 64), strike "available to
demonstrate" and substitute "demonstrating".
(8) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 7, line 13), strike "at or".
(9) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 7, line 15), strike "at or".
(10) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 7, line 17), strike "at or".
(11) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 7, line 21), strike "at or".
(12) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.003, Civil Practice and Remedies Code (committee
printing, page 7, line 34), strike "available to demonstrate" and
substitute "demonstrating".
(13) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.004, Civil Practice and Remedies Code (committee
printing, page 8, lines 17 through 18), strike "available to
demonstrate" and substitute "demonstrating".
(14) In SECTION 2 of the bill, in proposed Subsection (e),
Section 90.004, Civil Practice and Remedies Code (committee
printing, page 8, line 56), strike ", at each place of employment".
(15) In SECTION 2 of the bill, in proposed Subsection (e),
Section 90.004, Civil Practice and Remedies Code (committee
printing, page 8, line 57), strike "level" and substitute
"frequency".
(16) In SECTION 2 of the bill, in proposed Subsection (c),
Section 90.007, Civil Practice and Remedies Code (committee
printing, page 9, line 44), strike "trial".
(17) In SECTION 2 of the bill, in proposed Subsection (d),
Section 90.007, Civil Practice and Remedies Code (committee
printing, page 9, line 54), strike "trial".
(18) In SECTION 2 of the bill, in proposed Subsection (e),
Section 90.007, Civil Practice and Remedies Code (committee
printing, page 9, line 55), strike "trial".
(19) In SECTION 2 of the bill, in proposed Subsection (a),
Section 90.010, Civil Practice and Remedies Code (committee
printing, page 10, line 9), strike "May 1, 2005" and substitute
"September 1, 2003".
(20) In SECTION 2 of the bill, in proposed Subsection (c),
Section 90.010, Civil Practice and Remedies Code (committee
printing, page 10, line 36), after the period, insert the
following:
The MDL pretrial court should, as far as reasonably possible,
ensure that such action is brought to trial or final disposition
within six months from the date the action is transferred to the MDL
pretrial court, provided that all discovery and case management
requirements of the MDL pretrial court have been satisfied.
(21) In SECTION 2 of the bill, in proposed Subsection (c),
Section 90.010, Civil Practice and Remedies Code (committee
printing, page 10, line 32), after "cancer," insert "malignant
silica-related cancer,".
(22) In SECTION 2 of the bill, in proposed Subsection (j),
Section 90.010, Civil Practice and Remedies Code (committee
printing, page 11, line 55), strike "circumvent" and substitute
"negate".
(23) In SECTION 2 of the bill, immediately following
proposed Subsection (j), Section 90.010, Civil Practice and
Remedies Code (committee printing, page 11, between lines 55 and
56), insert the following:
(k) On or before September 1, 2010, each MDL pretrial court
having jurisdiction over cases to which this chapter applies shall
deliver a report to the governor, lieutenant governor, and the
speaker of the house of representatives stating:
(1) the number of cases on the court's multidistrict
litigation docket as of August 1, 2010;
(2) the number of cases on the court's multidistrict
litigation docket as of August 1, 2010, that do not meet the
criteria of Section 90.003 or 90.004, to the extent known;
(3) the court's evaluation of the effectiveness of the
medical criteria established by Sections 90.003 and 90.004;
(4) the court's recommendation, if any, as to how
medical criteria should be applied to the cases on the court's
multidistrict litigation docket as of August 1, 2010; and
(5) any other information regarding the
administration of cases in the MDL pretrial courts that the court
deems appropriate.
(24) In SECTION 5 of the bill, in amended Subsection (a),
Section 51.014, Civil Practice and Remedies Code (committee
printing, page 12, line 56), after the semicolon, insert "or".
(25) In SECTION 5 of the bill, in amended Subsection (a),
Section 51.014, Civil Practice and Remedies Code (committee
printing, page 12), strike lines 58 through 60 and substitute
"90.007.".
(26) In SECTION 7 of the bill, in amended Subsection (a),
Section 23.101, Government Code (committee printing, page 13, line
29), after "cancer," insert "malignant silica-related cancer,".
(27) In SECTION 9 of the bill, in proposed Subsection (a)
(committee printing, page 14, line 22), after "Act", insert "or in
which there has been a final, unappealable disposition by order,
judgment, voluntary dismissal, or otherwise".
(28) In SECTION 9 of the bill, in proposed Subsection (a)
(committee printing, page 14, line 25), after the period, insert
the following:
Section 16.0031, Civil Practice and Remedies Code, as added by this
Act, shall not operate to revive any claims that are barred by
application of the law in effect immediately before the effective
date of this Act.