Texas 2015 - 84th Regular

Texas Senate Bill SB491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5865 SCL-F
2	2	By: Schwertner S.B. No. 491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consideration of asbestos or silica trust claims in
8	8	certain actions asserting asbestos- or silica-related injuries.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 90, Civil Practice and Remedies Code, is
11	11	amended by designating Sections 90.001 through 90.012 as Subchapter
12	12	A and adding a subchapter heading to read as follows:
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	SECTION 2. Chapter 90, Civil Practice and Remedies Code, is
15	15	amended by adding Subchapter B to read as follows:
16	16	SUBCHAPTER B. ASBESTOS OR SILICA TRUST CLAIMS
17	17	Sec. 90.051. DEFINITIONS. In this subchapter:
18	18	(1) "Asbestos or silica trust" means an entity that:
19	19	(A) is created under 11 U.S.C. Section 524(g) or
20	20	another applicable law for the benefit of creditors of a bankrupt
21	21	person;
22	22	(B) is formed for the purpose of compensating
23	23	claimants for asbestos- or silica-related injuries; and
24	24	(C) is in existence on the date originally set
25	25	for trial in an action asserting an asbestos- or silica-related
26	26	injury.
27	27	(2) "Trust claim" means a filing with or claim against
28	28	an asbestos or silica trust seeking recovery of damages for or
29	29	arising from the asbestos- or silica-related injury of an exposed
30	30	person.
31	31	(3) "Trust claim material" means documentation
32	32	supporting a trust claim, including:
33	33	(A) documentation that a claimant submits or
34	34	provides to an asbestos or silica trust that demonstrates the
35	35	existence of an asbestos- or silica-related injury or a trust claim
36	36	that the claimant may have against the asbestos or silica trust; and
37	37	(B) claim forms and other materials that an
38	38	asbestos or silica trust requires a claimant to submit in order to
39	39	receive compensation.
40	40	Sec. 90.052. NOTICE OF TRUST CLAIMS. (a) A claimant
41	41	asserting an asbestos- or silica-related injury shall serve on each
42	42	party notice of and trust claim material relating to each trust
43	43	claim made by or on behalf of the exposed person. The notice must
44	44	include a sworn statement by the claimant that identifies each
45	45	trust claim and states the date the claim was made and whether a
46	46	request for a deferral, delay, suspension, or tolling of the claim
47	47	has been submitted.
48	48	(b) In an action pending on September 1, 2015, in which
49	49	discovery was commenced before that date, the claimant shall serve
50	50	the notice and trust claim material required by Subsection (a) not
51	51	later than October 1, 2015.
52	52	(c) In an action filed on or after September 1, 2015, or an
53	53	action pending on September 1, 2015, in which discovery was not
54	54	commenced before that date, the claimant shall serve the notice and
55	55	trust claim material required by Subsection (a) not later than the
56	56	120th day before the date the action is originally set for trial.
57	57	(d) The notice and disclosures required by this section are
58	58	in addition to any notice or disclosure required by other law, rule,
59	59	order, or applicable agreement.
60	60	Sec. 90.053. ADDITIONAL TRUST CLAIMS NOTICE. (a) A
61	61	claimant shall serve notice of and trust claim material relating to
62	62	a trust claim made after the claimant serves notice of and trust
63	63	claim material under Section 90.052. The claimant shall serve the
64	64	additional notice and trust claim material on all parties not later
65	65	than the 30th day after the date the additional trust claim is made.
66	66	(b) The notice required by Subsection (a) must include a
67	67	sworn statement providing information on the additional trust
68	68	claims as prescribed by Section 90.052.
69	69	Sec. 90.054. NOTICE OF CANCER- AND NON-CANCER-RELATED TRUST
70	70	CLAIMS REQUIRED. A claimant shall serve notice of and trust claim
71	71	material relating to a trust claim regardless of whether the claim
72	72	is for an injury resulting in cancer or an injury not resulting in
73	73	cancer.
74	74	Sec. 90.055. FAILURE TO PROVIDE NOTICE. (a) An MDL
75	75	pretrial court may decline to remand an action to a trial court if
76	76	the claimant fails to provide notice and trust claim material in
77	77	accordance with this subchapter.
78	78	(b) If a claimant received compensation from an asbestos or
79	79	silica trust for an injury that also gave rise to a judgment against
80	80	a defendant and the claimant failed to provide notice of and trust
81	81	claim material relating to the relevant trust claim in accordance
82	82	with this subchapter, the trial court, on a defendant's or judgment
83	83	debtor's motion and after reasonable notice to the parties, may
84	84	impose an appropriate sanction, including vacating the judgment and
85	85	ordering a new trial.
86	86	Sec. 90.056. MOTION TO STAY. (a) A defendant may file a
87	87	motion to stay the proceedings under Section 90.058 not later than
88	88	the 45th day before the date originally set for trial. The motion
89	89	must include:
90	90	(1) a list of asbestos or silica trusts not disclosed
91	91	by the claimant against which the defendant in good faith believes
92	92	the claimant may make a successful trust claim; and
93	93	(2) information supporting the additional trust claim
94	94	described by Subdivision (1), including information that may be
95	95	used to meet the trust claim requirements of an asbestos or silica
96	96	trust described by Subdivision (1).
97	97	(b) Notwithstanding any other provision of this subchapter,
98	98	a defendant may file a motion to stay the proceedings as described
99	99	by this section not later than the seventh day after the date the
100	100	defendant receives notice of asbestos or silica exposure
101	101	information that may support an additional asbestos or silica trust
102	102	claim.
103	103	Sec. 90.057. RESPONSE TO MOTION TO STAY. (a) Not later
104	104	than the 14th day after the date the defendant files a motion under
105	105	Section 90.056, the claimant may file a response:
106	106	(1) stating and providing proof that the claimant has
107	107	made a trust claim identified in the defendant's motion and served
108	108	notice of and trust material relating to the claim as prescribed by
109	109	Section 90.052(a); or
110	110	(2) requesting a determination by the court that:
111	111	(A) the information provided in the motion is
112	112	insufficient to support a trust claim identified in the motion; or
113	113	(B) the fees and expenses, including attorney's
114	114	fees, for filing a trust claim identified in the motion exceed the
115	115	claimant's reasonably anticipated recovery from the trust.
116	116	(b) If the claimant files a response making a request under
117	117	Subsection (a)(2)(B), the court shall determine whether the
118	118	claimant's fees and expenses, including attorney's fees, for making
119	119	the relevant trust claim exceed the claimant's reasonably
120	120	anticipated recovery from the trust. If the court determines that
121	121	the claimant's fees and expenses exceed the reasonably anticipated
122	122	recovery, the claimant shall provide the court with a verified
123	123	statement of the exposed person's exposure history to asbestos or
124	124	silica that is covered by the trust.
125	125	Sec. 90.058. STAY OF PROCEEDINGS. (a) The court shall grant
126	126	a motion under Section 90.056 if the court determines there is a
127	127	good faith basis to make a trust claim identified by the motion.
128	128	The stay shall continue until the claimant provides proof that the
129	129	claimant has made the claim and served notice of and trust claim
130	130	material relating to the claim as prescribed by Section 90.052(a).
131	131	(b) The court may not stay the proceedings if, with respect
132	132	to each trust claim identified in the motion:
133	133	(1) the claimant provides the proof described by
134	134	Section 90.057(a)(1); or
135	135	(2) the court makes a determination described by
136	136	Section 90.057(b).
137	137	Sec. 90.059. EVIDENCE OF TRUST CLAIMS. (a) Trust claim
138	138	material is presumed to be authentic, relevant, and discoverable in
139	139	an action to which this subchapter applies.
140	140	(b) Notwithstanding an agreement, including a
141	141	confidentiality agreement, trust claim material is presumed to not
142	142	be privileged.
143	143	(c) A party may use the trust claim material to prove:
144	144	(1) an alternate source for the cause of the exposed
145	145	person's injury, death, or loss;
146	146	(2) a basis to allocate responsibility for the exposed
147	147	person's injury, death, or loss; or
148	148	(3) any other issue relevant to adjudication of a
149	149	claim asserted in the action.
150	150	Sec. 90.060. MODIFICATION OF JUDGMENT BASED ON SUBSEQUENT
151	151	TRUST CLAIM. (a) Subject to Subsection (c), a trial court, on a
152	152	defendant's or judgment debtor's motion and after reasonable notice
153	153	to the parties, may:
154	154	(1) modify the judgment by the amount of a subsequent
155	155	payment by an asbestos or silica trust to the claimant based on:
156	156	(A) a trust claim relating to which notice and
157	157	trust claim material was not provided to the defendant or judgment
158	158	debtor in accordance with Section 90.052; or
159	159	(B) a trust claim made after the judgment to an
160	160	asbestos or silica trust that existed at the time of the judgment;
161	161	or
162	162	(2) order other relief that the court considers just
163	163	and proper in connection with the payment.
164	164	(b) A defendant or judgment debtor must file a motion under
165	165	this section in a reasonable time after the claimant receives a
166	166	payment from a related asbestos or silica trust, but not later than
167	167	the first anniversary of the date the judgment is signed.
168	168	(c) If a motion under this section is filed after the period
169	169	that the trial court may otherwise modify a judgment, the trial
170	170	court may modify the judgment in a manner consistent with this
171	171	section on or before the 30th day after the date the motion is
172	172	filed.
173	173	(d) Notwithstanding Section 22.004, Government Code, the
174	174	supreme court may not amend or adopt rules in conflict with this
175	175	section.
176	176	SECTION 3. Subchapter B, Chapter 90, Civil Practice and
177	177	Remedies Code, as added by this Act, applies to an action:
178	178	(1) commenced on or after the effective date of this
179	179	Act; or
180	180	(2) pending on the effective date of this Act.
181	181	SECTION 4. This Act takes effect September 1, 2015.