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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal of certain actions arising from exposure |
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to asbestos and silica. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 90.007, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 90.007. MOTION TO DISMISS IN ACTION FILED ON OR AFTER |
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SEPTEMBER 1, 2005. |
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SECTION 2. Section 90.007(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) In an action filed on or after September 1, 2005 [the
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date this chapter becomes law], if a claimant fails to timely serve |
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a report on a defendant, or serves on the defendant a report that |
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does not comply with the requirements of Section 90.003 or 90.004, |
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the defendant may file a motion to dismiss the claimant's |
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asbestos-related claims or silica-related claims. The motion must |
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be filed on or before the 30th day after the date the report is |
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served on the defendant. If a claimant fails to serve a report on |
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the defendant, the motion must be filed on or before the 30th day |
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after the date the report was required to be served on the defendant |
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under Section 90.006. If the basis of the motion is that the |
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claimant has served on the defendant a report that does not comply |
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with Section 90.003 or 90.004, the motion must include the reasons |
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why the report does not comply with that section. |
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SECTION 3. Section 90.010, Civil Practice and Remedies |
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Code, is amended by amending Subsection (d) and adding Subsections |
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(d-1), (l), (m), and (n) to read as follows: |
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(d) In an action that was pending on September 1, 2005, [the
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date this chapter becomes law] that has been [is] transferred to and |
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is [or] pending in an MDL pretrial court, and in which the claimant |
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does not serve a report that complies with Section 90.003 or 90.004, |
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the MDL pretrial court on motion of a defendant shall [not] dismiss |
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the action pursuant to this chapter unless the claimant shows good |
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cause why the action should not be dismissed [but shall retain
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jurisdiction over the action under the MDL rules]. The MDL pretrial |
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court shall not remand such action for trial unless: |
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(1) the claimant serves a report complying with |
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Section 90.003 or 90.004; or |
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(2)(A) the claimant does not serve a report that |
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complies with Section 90.003 or 90.004; |
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(B) the claimant serves a report complying with |
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Subsection (f)(1); and |
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(C) the court, on motion and hearing, makes the |
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findings required by Subsection (f)(2). |
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(d-1) In an action that was pending on September 1, 2005, |
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that has been transferred to and is pending in an MDL pretrial |
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court, and in which the claimant does not serve a report that |
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complies with Section 90.003 or 90.004 before the later of March 1, |
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2014, or the 181st day after the date the action is transferred to |
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the MDL pretrial court, the MDL pretrial court may on its own |
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motion, after reasonable notice to the parties, dismiss the action |
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unless the claimant shows good cause why the action should not be |
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dismissed. |
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(l) A dismissal under Subsection (d) or (d-1) is without |
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prejudice to the claimant's right to file a subsequent action |
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seeking damages arising from an asbestos-related injury or a |
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silica-related injury. |
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(m) This chapter and Section 16.0031 govern a subsequent |
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action for an asbestos-related injury or a silica-related injury |
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filed by a claimant whose action was dismissed under Subsection (d) |
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or (d-1) or by a claimant in an action described by Subsection (d) |
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who voluntarily dismissed the action under Section 90.008. |
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(n) A subsequent action for an asbestos-related injury or a |
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silica-related injury filed by a claimant whose action was |
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dismissed under Subsection (d) or (d-1) or by a claimant in an |
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action described by Subsection (d) who voluntarily dismissed the |
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action under Section 90.008 is considered filed on the date the |
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dismissed action was filed. The claimant has the burden to plead |
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and prove the filing date of the dismissed action. |
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SECTION 4. Section 90.010, Civil Practice and Remedies |
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Code, as amended by this Act, applies to an action pending in the |
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multidistrict litigation pretrial court on, or referred to the |
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multidistrict litigation pretrial court on or after, the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2013. |