| 1 | 1 | | 2009S0410-2 02/20/09 |
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| 2 | 2 | | By: Eiland H.B. No. 1811 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the standard of causation in claims involving |
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| 8 | 8 | | mesothelioma caused by exposure to asbestos fibers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 90, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Section 90.013 to read as follows: |
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| 12 | 12 | | Sec. 90.013. STANDARD OF CAUSATION FOR CLAIMS INVOLVING |
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| 13 | 13 | | MALIGNANT MESOTHELIOMA. (a) This section provides the exclusive |
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| 14 | 14 | | means of proving causation for claims in which the claimant seeks |
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| 15 | 15 | | recovery for malignant mesothelioma allegedly caused by exposure to |
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| 16 | 16 | | asbestos fibers. |
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| 17 | 17 | | (b) Notwithstanding any other law, to recover damages on a |
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| 18 | 18 | | claim to which this section applies, the claimant must prove: |
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| 19 | 19 | | (1) that a defendant's product or conduct was a |
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| 20 | 20 | | substantial factor in causing the injury to the exposed person, as |
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| 21 | 21 | | described by Subsection (c); |
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| 22 | 22 | | (2) foreseeability, if the cause of action is one in |
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| 23 | 23 | | which foreseeability is an element of causation; and |
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| 24 | 24 | | (3) that the exposed person's cumulative exposure to |
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| 25 | 25 | | asbestos fibers was a cause of the person's mesothelioma. |
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| 26 | 26 | | (c) A defendant's product or conduct was a substantial |
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| 27 | 27 | | factor in causing the exposed person's injury if the exposure to the |
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| 28 | 28 | | asbestos fibers for which that defendant is alleged to be |
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| 29 | 29 | | responsible contributed to the cumulative exposure of the exposed |
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| 30 | 30 | | person and was more than purely trivial when considering the |
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| 31 | 31 | | following qualitative factors: |
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| 32 | 32 | | (1) the frequency of exposure; |
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| 33 | 33 | | (2) the regularity of exposure; and |
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| 34 | 34 | | (3) the proximity of the exposed person to the source |
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| 35 | 35 | | of the asbestos fibers. |
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| 36 | 36 | | (d) In a claim to which this section applies, a defendant |
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| 37 | 37 | | who seeks a determination of the percentage of responsibility of |
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| 38 | 38 | | another person under Section 33.003(a) is required to prove |
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| 39 | 39 | | causation in the same manner as is required of a claimant. |
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| 40 | 40 | | (e) Nothing in this section requires a claimant or a |
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| 41 | 41 | | defendant who seeks a determination of the percentage of |
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| 42 | 42 | | responsibility of another person under Section 33.003(a) to prove, |
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| 43 | 43 | | for any purpose, a quantitative dose, approximate quantitative |
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| 44 | 44 | | dose, or estimated quantitative dose of asbestos fibers to which |
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| 45 | 45 | | the exposed person was exposed. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies to all |
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| 47 | 47 | | actions pending or commenced on or after the effective date of this |
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| 48 | 48 | | Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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