Bill Text: TX HB1325 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the dismissal of certain actions arising from exposure to asbestos and silica.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2013-05-24 - Effective on 9/1/13 [HB1325 Detail]

Download: Texas-2013-HB1325-Introduced.html

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83R5183 SCL-F
By: Miller of Comal H.B. No. 1325

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