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Texas Civil Practice & Remedies Code - Section 149.002. Applicability

Legal Research Home > Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 149.002. Applicability

§ 149.002. APPLICABILITY.  (a) The limitations in Section 
149.003 shall apply to a domestic corporation or a foreign 
corporation that has had a certificate of authority to transact 
business in this state or has done business in this state and that 
is a successor which became a successor prior to May 13, 1968, or 
which is any of that successor corporation's successors, but in the 
latter case only to the extent of the limitation of liability 
applied under Section 149.003(b) and subject also to the 
limitations found in this chapter, including those in Subsection 
(b).
	(b)  The limitations in Section 149.003 shall not apply to:                    
		(1)  workers' compensation benefits paid by or on 
behalf of an employer to an employee under the Texas Workers' 
Compensation Act, Subtitle A, Title 5, Labor Code, or a comparable 
workers' compensation law of another jurisdiction;
		(2)  any claim against a corporation that does not 
constitute a successor asbestos-related liability;
		(3)  an insurance corporation, as that term is used in 
the Insurance Code;  
		(4)  any obligations under the National Labor Relations 
Act (29 U.S.C. Section 151 et seq.), as amended, or under any 
collective bargaining agreement;
		(5)  a successor that, after a merger or consolidation, 
continued in the business of mining asbestos or in the business of 
selling or distributing asbestos fibers or in the business of 
manufacturing, distributing, removing, or installing 
asbestos-containing products which were the same or substantially 
the same as those products previously manufactured, distributed, 
removed, or installed by the transferor;
		(6)  a contractual obligation existing as of the 
effective date of this chapter that was entered into with claimants 
or potential claimants or their counsel and which resolves asbestos 
claims or potential asbestos claims;
		(7)  any claim made against the estate of a debtor in a 
bankruptcy proceeding commenced prior to April 1, 2003, under the 
United States Bankruptcy Code (11 U.S.C. Section 101 et seq.) by or 
against such debtor, or against a bankruptcy trust established 
under 11 U.S.C. Section 524(g) or similar provisions of the United 
States Code in such a bankruptcy proceeding commenced prior to such 
date;  or
		(8)  a successor asbestos-related liability arising 
from a claim brought under Chapter 95, a common law claim for 
premises liability, or a cause of action for premises liability, as 
applicable, but only if the successor owned or controlled the 
premise or premises at issue after the merger or consolidation.

Added by Acts 2003, 78th Leg., ch. 204, § 17.01, eff. June 11, 
2003.     

Last modified: August 11, 2007