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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) To recover damages for malignant |
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mesothelioma allegedly caused by exposure to asbestos or asbestos |
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containing products, the claimant must prove, among other elements |
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of the claim, that a defendant's product or conduct was a |
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substantial factor in causing the claimant's injury. |
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(b) A defendant's product or conduct was a substantial |
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factor in causing the exposed claimant's injury if the claimant |
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presents qualitative proof that the asbestos exposure attributed to |
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the defendant was substantial, and not merely de minimis, when |
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considering: |
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(1) the frequency of the exposure; |
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(2) the regularity of the exposure; and |
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(3) the proximity of the claimant to the source of the |
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asbestos fibers. |
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(c) A defendant who seeks a determination of the percentage |
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of responsibility of another person under Section 33.003(a) must |
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present qualitative proof in the same manner as is required of a |
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claimant under Subsection (b). |
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(d) A claimant or a defendant, including a defendant seeking |
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a determination under Section 33.003(a), shall not be required to |
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prove, or be prohibited from proving through otherwise admissible |
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evidence, the numerical dose, approximate or otherwise, of asbestos |
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fibers to which the claimant was exposed that are attributable to |
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the defendant or another person under Section 33.003(a). |
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(e) Nothing in this section modifies the general legal |
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requirements for the admissibility of expert testimony with respect |
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to the issue of causation. |
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SECTION 2. Section 90.013, Civil Practice and Remedies |
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Code, as added by this Act, applies to an action commenced on or |
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after the effective date of this Act or pending on the effective |
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date of this Act and in which the trial, or any new trial or retrial |
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following motion, appeal, or otherwise, has not commenced on or |
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before the effective date of this Act. An action commenced before |
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the effective date of this Act in which trial has commenced on or |
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before the effective date of this Act or in which there has been a |
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final, unappealable disposition by order, judgment, voluntary |
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dismissal, or otherwise is governed by the law applicable to the |
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action immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 4. 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. |