Texas Senate Bill SB491

Texas 2015 - 84th Regular

Caption

Relating to consideration of asbestos or silica trust claims in certain actions asserting asbestos- or silica-related injuries.

Impact

The introduction of SB491 is expected to significantly impact how claims related to asbestos and silica injuries are handled in Texas. By requiring claimants to provide notice and related documentation for trust claims, the bill aims to clarify the process and potentially reduce disputes about the legitimacy of claims. The stipulated notice requirements ensure that defendants are informed of all avenues a claimant may pursue for compensation, which could influence defense strategies and litigation timelines. This move aims to enhance the efficiency of legal proceedings related to these specific injuries, while also encouraging claimants to utilize available resources to secure compensation.

Summary

Senate Bill 491 seeks to amend Chapter 90 of the Civil Practice and Remedies Code to establish procedures for the consideration of asbestos or silica trust claims within legal actions asserting related injuries. The bill introduces a new subchapter that provides definitions specific to asbestos and silica trusts. It outlines the mandatory notice that claimants must serve to other parties whenever they assert a claim against such trusts. This ensures transparency regarding potential compensation sources relevant to asbestos-related injuries and aims to promote a fair process in adjudicating claims.

Contention

Notably, there could be points of contention surrounding the bill's implementation. Advocates for individuals suffering from asbestos or silica-related injuries may express concerns over the new procedural requirements, fearing that they could complicate the claims process or discourage individuals from seeking redress. There may also be apprehension about the extent to which these amendments could affect the timelines associated with legal proceedings. Additionally, some stakeholders within the legal community could argue that the requirement for detailed disclosures and documentation may place an undue burden on claimants, particularly those already facing significant health issues.