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A BILL TO BE ENTITLED
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AN ACT
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relating to the standard of causation in claims involving |
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mesothelioma caused by exposure to asbestos fibers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 90, Civil Practice and Remedies Code, is |
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amended by adding Section 90.013 to read as follows: |
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Sec. 90.013. STANDARD OF CAUSATION FOR CLAIMS INVOLVING |
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MALIGNANT MESOTHELIOMA. (a) This section provides the exclusive |
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means of proving causation for claims in which the claimant seeks |
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recovery for malignant mesothelioma allegedly caused by exposure to |
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asbestos fibers. |
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(b) Notwithstanding any other law, to recover damages on a |
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claim to which this section applies, the claimant must prove: |
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(1) that a defendant's product or conduct was a |
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substantial factor in causing the injury to the exposed person, as |
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described by Subsection (c); |
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(2) foreseeability, if the cause of action is one in |
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which foreseeability is an element of causation; and |
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(3) that the exposed person's cumulative exposure to |
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asbestos fibers was a cause of the person's mesothelioma. |
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(c) A defendant's product or conduct was a substantial |
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factor in causing the exposed person's injury if the exposure to the |
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asbestos fibers for which that defendant is alleged to be |
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responsible contributed to the cumulative exposure of the exposed |
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person and was more than purely trivial when considering the |
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following qualitative factors: |
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(1) the frequency of exposure; |
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(2) the regularity of exposure; and |
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(3) the proximity of the exposed person to the source |
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of the asbestos fibers. |
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(d) In a claim to which this section applies, a defendant |
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who seeks a determination of the percentage of responsibility of |
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another person under Section 33.003(a) is required to prove |
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causation in the same manner as is required of a claimant. |
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(e) Nothing in this section requires a claimant or a |
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defendant who seeks a determination of the percentage of |
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responsibility of another person under Section 33.003(a) to prove, |
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for any purpose, a quantitative dose, approximate quantitative |
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dose, or estimated quantitative dose of asbestos fibers to which |
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the exposed person was exposed. |
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SECTION 2. The change in law made by this Act applies to all |
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actions pending or commenced on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |