Texas Civil Practice And Remedies Code Title 4, Chapter 90 - Claims Involving Asbestos And Silica

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 90.001 - Definitions
  In this chapter: (1) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated...
• Texas Section 90.002 - Pulmonary Function Testing
  Pulmonary function testing required by this chapter must be interpreted by a physician: (1) who is licensed in this state or another state of the...
• Texas Section 90.003 - Reports Required For Claims Involving Asbestos-related Injury
  (a) A claimant asserting an asbestos-related injury must serve on each defendant the following information: (1) a report by a physician who is board certified...
• Texas Section 90.004 - Reports Required For Claims Involving Silica-related Injury
  (a) A claimant asserting a silica-related injury must serve on each defendant a report by a physician who is board certified in pulmonary medicine, internal...
• Texas Section 90.005 - Prohibited Basis For Diagnosis
  (a) For purposes of this chapter, a physician may not, as the basis for a diagnosis, rely on the reports or opinions of any doctor,...
• Texas Section 90.006 - Serving Reports
  (a) In an action filed on or after the date this chapter becomes law, a report prescribed by Section 90.003 or 90.004 must be served...
• Texas Section 90.007 - Motion To Dismiss In Action Filed On Or After September 1, 2005
  (a) In an action filed on or after September 1, 2005, if a claimant fails to timely serve a report on a defendant, or serves...
• Texas Section 90.008 - Voluntary Dismissal
  Before serving a report required by Section 90.003 or 90.004, a claimant seeking damages arising from an asbestos-related injury or silica-related injury may voluntarily dismiss...
• Texas Section 90.009 - Joinder Of Claimants
  Unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial. Added by Acts 2005,...
• Texas Section 90.010 - Multidistrict Litigation Proceedings
  (a) The MDL rules apply to any action pending on the date this chapter becomes law in which the claimant alleges personal injury or death...
• Texas Section 90.011 - Bankruptcy
  Nothing in this chapter is intended to affect the rights of any party in a bankruptcy proceeding or affect the ability of any person to...

SUBCHAPTER B ASBESTOS OR SILICA TRUST CLAIMS

• Texas Section 90.012 - Supreme Court Rulemaking
  The supreme court may promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos-related actions or silica-related actions if...
• Texas Section 90.051 - Definitions
  In this subchapter: (1) "Asbestos or silica trust" means a claims facility, a claims agent, a qualified settlement fund, or any other entity that: (A)...
• Texas Section 90.052 - Requirement To Make Trust Claims
  (a) Except as provided by Subsection (d), a claimant who has filed an action to recover damages for or arising from an asbestos- or silica-related...
• Texas Section 90.053 - Notice Of Trust Claim; Production Of Trust Claim Material
  (a) A claimant in an action to recover damages for or arising from an asbestos- or silica-related injury shall serve on each party notice of,...
• Texas Section 90.054 - Failure To Make Trust Claim Or Provide Notice And Trust Claim Material
  (a) An MDL pretrial court may not remand an action to a trial court and a trial court may not commence trial in the action...
• Texas Section 90.055 - Motion To Stay
  (a) A defendant may file a motion requesting a stay of the proceedings under Section 90.057 on or before the later of: (1) the 60th...
• Texas Section 90.056 - Response To Motion To Stay
  (a) Not later than the 14th day after the date the defendant files a motion to stay under Section 90.055 or the date provided by...
• Texas Section 90.057 - Stay Of Proceedings
  (a) The court shall grant a motion to stay under Section 90.055 if the court determines the motion was timely filed and the claimant is...
• Texas Section 90.058 - Evidence Of Trust Claims
  (a) Trust claim material is presumed to be authentic, relevant, and discoverable in an action to which this subchapter applies. (b) Notwithstanding an agreement, including...

Last modified: September 28, 2016