79R18855 CME-D

By:  Nixon                                                      H.C.R. No. 212



CONCURRENT RESOLUTION
	WHEREAS, Over the last three decades, hundreds of thousands 
of lawsuits alleging asbestos-related disease have been filed in 
the United States, culminating, by one estimate, in more than 
200,000 claims pending in federal court by the late 1990s; the scope 
and potential consequence of the situation prompted the United 
States Supreme Court to acknowledge that the country was in the 
midst of an "asbestos-litigation crisis"; and
	WHEREAS, The United States Congress has struggled with 
legislative proposals to abate the asbestos litigation emergency 
since the 1970s, endeavoring to balance victims' rights with 
protecting businesses from suits without merit and preserving the 
integrity of the court system; and
	WHEREAS, Texas has not been immune to this challenge; indeed, 
in the period from 1998 to 2000, more lawsuits alleging 
asbestos-related disease were filed in Texas than in any other 
state and thousands of lawsuits are pending in Texas today; and
	WHEREAS, With widespread, bipartisan support, the 79th Texas 
Legislature has met this challenge and recently passed effective 
and fair asbestos litigation reform based on medical criteria; this 
landmark legislation will protect the right of people with 
impairing asbestos-related injuries to pursue their claims in a 
fair and efficient manner, while at the same time preventing scarce 
judicial and litigant resources from being misdirected by claims 
without merit; and
	WHEREAS, The United States Congress is currently considering 
the Fairness in Asbestos Injury Resolution Act of 2005, and the 
Texas Legislature commends the congress for its continuing effort 
to create a just and effective system to resolve claims of victims 
for injury caused by asbestos exposure; now, therefore, be it
	RESOLVED, That the 79th Legislature of the State of Texas, 
while recognizing the value of congressional action to reconcile 
the asbestos litigation crisis, respectfully urges the United 
States Congress not to override or preempt recently passed asbestos 
litigation-related state legislation that garnered overwhelming 
legislative and popular support; and, be it further
	RESOLVED, That the Texas secretary of state forward official 
copies of this resolution to the president of the United States, the 
speaker of the house of representatives and the president of the 
senate of the United States Congress, and all the members of the 
Texas delegation to the congress with the request that this 
resolution be officially entered in the Congressional Record as a 
memorial to the Congress of the United States of America.