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