| 1 | 1 | | 87R5257 AJA-F |
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| 2 | 2 | | By: Schofield H.B. No. 3440 |
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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 information a claimant must provide when bringing an |
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| 8 | 8 | | action asserting an asbestos-related injury. |
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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. Subchapter A, Chapter 90, Civil Practice and |
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| 11 | 11 | | Remedies Code, is amended by adding Section 90.0031 to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | Sec. 90.0031. SWORN INFORMATION FORM REQUIRED FOR CLAIMS |
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| 14 | 14 | | INVOLVING ASBESTOS-RELATED INJURY. (a) A claimant asserting an |
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| 15 | 15 | | asbestos-related injury on or after September 1, 2021, must, in |
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| 16 | 16 | | addition to meeting the requirements of Section 90.003, serve on |
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| 17 | 17 | | each defendant a sworn information form specifying the evidence |
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| 18 | 18 | | that provides the basis for each claim against each defendant. The |
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| 19 | 19 | | sworn information form must be served with the petition and include |
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| 20 | 20 | | all of the following with specificity: |
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| 21 | 21 | | (1) the name, address, date of birth, marital status, |
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| 22 | 22 | | occupation, current and past worksites, and current and past |
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| 23 | 23 | | employers of the exposed person and any person through whom the |
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| 24 | 24 | | exposed person was exposed to asbestos; |
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| 25 | 25 | | (2) each person through whom the exposed person was |
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| 26 | 26 | | exposed to asbestos and the exposed person's relationship to each |
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| 27 | 27 | | such person; |
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| 28 | 28 | | (3) each asbestos-containing product, whether from a |
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| 29 | 29 | | bankrupt entity or otherwise, to which the exposed person was |
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| 30 | 30 | | exposed, or if the exposed person was exposed through another |
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| 31 | 31 | | person, to which that other person was exposed; |
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| 32 | 32 | | (4) the specific location and manner of each exposure, |
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| 33 | 33 | | including for any person through whom the exposed person was |
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| 34 | 34 | | exposed to asbestos; |
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| 35 | 35 | | (5) the beginning and ending dates of each exposure, |
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| 36 | 36 | | the frequency and length of each exposure, and the proximity of the |
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| 37 | 37 | | asbestos-containing product or its use to the exposed person and |
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| 38 | 38 | | any person through whom the exposed person was exposed to asbestos; |
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| 39 | 39 | | (6) the identity of the manufacturer or seller of the |
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| 40 | 40 | | specific asbestos product for each exposure; |
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| 41 | 41 | | (7) the specific asbestos-related disease claimed to |
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| 42 | 42 | | exist; and |
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| 43 | 43 | | (8) any supporting documentation relating to the |
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| 44 | 44 | | information required under this subsection. |
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| 45 | 45 | | (b) A claimant has a continuing duty to supplement the |
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| 46 | 46 | | information that Subsection (a) requires to be disclosed. |
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| 47 | 47 | | (c) The court shall dismiss a claimant's asbestos claim |
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| 48 | 48 | | without prejudice as to any defendant whose product or premises is |
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| 49 | 49 | | not identified in the required disclosures set forth in Subsection |
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| 50 | 50 | | (a). |
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| 51 | 51 | | (d) The court shall dismiss a claimant's asbestos claim |
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| 52 | 52 | | without prejudice as to all defendants if the claimant fails to |
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| 53 | 53 | | comply with the requirements of Subsection (a). |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2021. |
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