Texas Civil Practice & Remedies Code - Section 149.001. Definitions
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 149.001. Definitions
§ 149.001. DEFINITIONS. In this chapter:
(1) "Asbestos claim" means any claim, wherever or
whenever made, for damages, losses, indemnification, contribution,
or other relief arising out of, based on, or in any way related to
asbestos, including:
(A) property damage caused by the installation,
presence, or removal of asbestos;
(B) the health effects of exposure to asbestos,
including any claim for:
(i) personal injury or death;
(ii) mental or emotional injury;
(iii) risk of disease or other injury; or
(iv) the costs of medical monitoring or
surveillance; and
(C) any claim made by or on behalf of any person
exposed to asbestos, or a representative, spouse, parent, child, or
other relative of the person.
(2) "Corporation" means a corporation for profit,
including:
(A) a domestic corporation organized under the
laws of this state; or
(B) a foreign corporation organized under laws
other than the laws of this state.
(3) "Successor asbestos-related liabilities" means
any liabilities, whether known or unknown, asserted or unasserted,
absolute or contingent, accrued or unaccrued, liquidated or
unliquidated, or due or to become due, that are related in any way
to asbestos claims that were assumed or incurred by a corporation as
a result of or in connection with a merger or consolidation, or the
plan of merger or consolidation related to the merger or
consolidation, with or into another corporation or that are related
in any way to asbestos claims based on the exercise of control or
the ownership of stock of the corporation before the merger or
consolidation. The term includes liabilities that, after the time
of the merger or consolidation for which the fair market value of
total gross assets is determined under Section 149.004, were or are
paid or otherwise discharged, or committed to be paid or otherwise
discharged, by or on behalf of the corporation, or by a successor of
the corporation, or by or on behalf of a transferor, in connection
with settlements, judgments, or other discharges in this state or
another jurisdiction.
(4) "Successor" means a corporation that assumes or
incurs, or has assumed or incurred, successor asbestos-related
liabilities.
(5) "Transferor" means a corporation from which
successor asbestos-related liabilities are or were assumed or
incurred.
Added by Acts 2003, 78th Leg., ch. 204, § 17.01, eff. June 11,
2003.
Section: 147.082 147.083 147.084 147.085 147.121 147.122 147.123 149.001 149.002 149.003 149.004 149.005 149.006 150.001 150.002
Last modified: August 11, 2007
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