Bill Text: TX HB3440 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to information a claimant must provide when bringing an action asserting an asbestos-related injury.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB3440 Detail]
Download: Texas-2021-HB3440-Introduced.html
87R5257 AJA-F | ||
By: Schofield | H.B. No. 3440 |
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relating to information a claimant must provide when bringing an | ||
action asserting an asbestos-related injury. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 90, Civil Practice and | ||
Remedies Code, is amended by adding Section 90.0031 to read as | ||
follows: | ||
Sec. 90.0031. SWORN INFORMATION FORM REQUIRED FOR CLAIMS | ||
INVOLVING ASBESTOS-RELATED INJURY. (a) A claimant asserting an | ||
asbestos-related injury on or after September 1, 2021, must, in | ||
addition to meeting the requirements of Section 90.003, serve on | ||
each defendant a sworn information form specifying the evidence | ||
that provides the basis for each claim against each defendant. The | ||
sworn information form must be served with the petition and include | ||
all of the following with specificity: | ||
(1) the name, address, date of birth, marital status, | ||
occupation, current and past worksites, and current and past | ||
employers of the exposed person and any person through whom the | ||
exposed person was exposed to asbestos; | ||
(2) each person through whom the exposed person was | ||
exposed to asbestos and the exposed person's relationship to each | ||
such person; | ||
(3) each asbestos-containing product, whether from a | ||
bankrupt entity or otherwise, to which the exposed person was | ||
exposed, or if the exposed person was exposed through another | ||
person, to which that other person was exposed; | ||
(4) the specific location and manner of each exposure, | ||
including for any person through whom the exposed person was | ||
exposed to asbestos; | ||
(5) the beginning and ending dates of each exposure, | ||
the frequency and length of each exposure, and the proximity of the | ||
asbestos-containing product or its use to the exposed person and | ||
any person through whom the exposed person was exposed to asbestos; | ||
(6) the identity of the manufacturer or seller of the | ||
specific asbestos product for each exposure; | ||
(7) the specific asbestos-related disease claimed to | ||
exist; and | ||
(8) any supporting documentation relating to the | ||
information required under this subsection. | ||
(b) A claimant has a continuing duty to supplement the | ||
information that Subsection (a) requires to be disclosed. | ||
(c) The court shall dismiss a claimant's asbestos claim | ||
without prejudice as to any defendant whose product or premises is | ||
not identified in the required disclosures set forth in Subsection | ||
(a). | ||
(d) The court shall dismiss a claimant's asbestos claim | ||
without prejudice as to all defendants if the claimant fails to | ||
comply with the requirements of Subsection (a). | ||
SECTION 2. This Act takes effect September 1, 2021. |