H.B. No. 1325
 
 
 
 
AN ACT
  relating to the dismissal of certain actions arising from exposure
  to asbestos and silica.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 90.007, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 90.007.  MOTION TO DISMISS IN ACTION FILED ON OR AFTER
  SEPTEMBER 1, 2005.
         SECTION 2.  Section 90.007(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  In an action filed on or after September 1, 2005 [the
  date this chapter becomes law], if a claimant fails to timely serve
  a report on a defendant, or serves on the defendant a report that
  does not comply with the requirements of Section 90.003 or 90.004,
  the defendant may file a motion to dismiss the claimant's
  asbestos-related claims or silica-related claims.  The motion must
  be filed on or before the 30th day after the date the report is
  served on the defendant.  If a claimant fails to serve a report on
  the defendant, the motion must be filed on or before the 30th day
  after the date the report was required to be served on the defendant
  under Section 90.006.  If the basis of the motion is that the
  claimant has served on the defendant a report that does not comply
  with Section 90.003 or 90.004, the motion must include the reasons
  why the report does not comply with that section.
         SECTION 3.  Section 90.010, Civil Practice and Remedies
  Code, is amended by amending Subsection (d) and adding Subsections
  (d-1), (l), (m), (n), and (o) to read as follows:
         (d)  In an action that was pending on August 31, 2005, [the
  date this chapter becomes law] that was [is] transferred to and
  remains [or] pending in an MDL pretrial court, the [and in which the
  claimant does not serve a report that complies with Section 90.003
  or 90.004, the MDL pretrial court shall not dismiss the action
  pursuant to this chapter but shall retain jurisdiction over the
  action under the MDL rules. The] MDL pretrial court shall not
  remand such action for trial unless:
               (1)  the claimant serves a report complying with
  Section 90.003 or 90.004; or
               (2)(A)  the claimant does not serve a report that
  complies with Section 90.003 or 90.004;
                     (B)  the claimant serves a report complying with
  Subsection (f)(1); and
                     (C)  the court, on motion and hearing, makes the
  findings required by Subsection (f)(2).
         (d-1)  Beginning on September 1, 2014, the MDL pretrial court
  shall dismiss each action for an asbestos-related injury or a
  silica-related injury that was pending on August 31, 2005, unless a
  report was served on or after September 1, 2013, that complies with
  Section 90.003, Section 90.004, or Subsection (f). The MDL
  pretrial court shall provide for the dismissal of such actions in a
  case management order entered for that purpose. All such actions
  shall be dismissed on or before August 31, 2015.
         (l)  A dismissal under Subsection (d-1) is without prejudice
  to the claimant's right to file a subsequent action seeking damages
  arising from an asbestos-related injury or a silica-related injury.
         (m)  This chapter and Section 16.0031 apply to a subsequent
  action for an asbestos-related injury or a silica-related injury
  filed by a claimant whose action was dismissed under Subsection
  (d-1) or by a claimant in an action described by Subsection (d) who
  voluntarily dismissed the action under Section 90.008.
         (n)  If a claimant subsequently refiles an action for an
  asbestos-related injury or a silica-related injury that was
  dismissed under Subsection (d-1), the refiled action is treated for
  purposes of determining the applicable law as if that claimant's
  action had never been dismissed but, instead, had remained pending
  until the claimant served a report that complied with Section
  90.003, Section 90.004, or Subsection (f).
         (o)  A claimant whose action was dismissed under Subsection
  (d-1) may serve the petition and citation for any subsequently
  filed action for an asbestos-related or silica-related injury by
  certified mail, return receipt requested, or other method approved
  by the MDL pretrial court that is likely to accomplish service in a
  cost-effective manner, on a person who was a defendant in the
  dismissed action.
         SECTION 4.  (a)  Section 90.010, Civil Practice and Remedies
  Code, as amended by this Act, applies to an action pending in the
  multidistrict litigation pretrial court on, or referred to the
  multidistrict litigation pretrial court on or after, the effective
  date of this Act.
         (b)  Nothing in this Act is intended to be regarded as a
  decision on the merits of a dismissed action, to affect the rights
  of any party in a bankruptcy proceeding, or to affect the ability of
  any person to satisfy the claim criteria for compensable claims or
  demands under a trust established pursuant to a plan of
  reorganization under Chapter 11 of the United States Bankruptcy
  Code (11 U.S.C. Section 1101 et seq.). With respect to the
  administrative dismissal of an action under Section 90.010(d-1),
  Civil Practice and Remedies Code, as added by this Act, the tort
  system rights of the dismissed actions are specifically preserved.
         SECTION 5.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1325 was passed by the House on April
  22, 2013, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1325 was passed by the Senate on May
  8, 2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor