Texas 2009 - 81st Regular

Texas Senate Bill SB1123 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Duncan S.B. No. 1123
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the standard of causation in claims involving
7	7	mesothelioma caused by exposure to asbestos fibers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 90, Civil Practice and Remedies Code, is
10	10	amended by adding Section 90.013 to read as follows:
11	11	Sec. 90.013. STANDARD OF CAUSATION FOR CLAIMS INVOLVING
12	12	MALIGNANT MESOTHELIOMA. (a) To recover damages for malignant
13	13	mesothelioma allegedly caused by exposure to asbestos or asbestos
14	14	containing products, the claimant must prove, among other elements
15	15	of the claim, that a defendant's product or conduct was a
16	16	substantial factor in causing the claimant's injury.
17	17	(b) A defendant's product or conduct was a substantial
18	18	factor in causing the exposed claimant's injury if the claimant
19	19	presents qualitative proof that the asbestos exposure attributed to
20	20	the defendant was substantial, and not merely de minimis, when
21	21	considering:
22	22	(1) the frequency of the exposure;
23	23	(2) the regularity of the exposure; and
24	24	(3) the proximity of the claimant to the source of the
25	25	asbestos fibers.
26	26	(c) A defendant who seeks a determination of the percentage
27	27	of responsibility of another person under Section 33.003(a) must
28	28	present qualitative proof in the same manner as is required of a
29	29	claimant under Subsection (b).
30	30	(d) A claimant or a defendant, including a defendant seeking
31	31	a determination under Section 33.003(a), shall not be required to
32	32	prove, or be prohibited from proving through otherwise admissible
33	33	evidence, the numerical dose, approximate or otherwise, of asbestos
34	34	fibers to which the claimant was exposed that are attributable to
35	35	the defendant or another person under Section 33.003(a).
36	36	(e) Nothing in this section modifies the general legal
37	37	requirements for the admissibility of expert testimony with respect
38	38	to the issue of causation.
39	39	SECTION 2. Section 90.013, Civil Practice and Remedies
40	40	Code, as added by this Act, applies to an action commenced on or
41	41	after the effective date of this Act or pending on the effective
42	42	date of this Act and in which the trial, or any new trial or retrial
43	43	following motion, appeal, or otherwise, has not commenced on or
44	44	before the effective date of this Act. An action commenced before
45	45	the effective date of this Act in which trial has commenced on or
46	46	before the effective date of this Act or in which there has been a
47	47	final, unappealable disposition by order, judgment, voluntary
48	48	dismissal, or otherwise is governed by the law applicable to the
49	49	action immediately before the effective date of this Act, and that
50	50	law is continued in effect for that purpose.
51	51	SECTION 3. If any provision of this Act or its application
52	52	to any person or circumstance is held invalid, the invalidity does
53	53	not affect other provisions or applications of this Act that can be
54	54	given effect without the invalid provision or application, and to
55	55	this end the provisions of this Act are declared to be severable.
56	56	SECTION 4. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2009.