H.B. No. 1492

	AN ACT
	relating to consideration of asbestos or silica trust claims in
	certain actions asserting asbestos- or silica-related injuries.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 90, Civil Practice and Remedies Code, is
	amended by designating Sections 90.001 through 90.012 as Subchapter
	A and adding a subchapter heading to read as follows:
	SUBCHAPTER A. GENERAL PROVISIONS
	SECTION 2.  Section 90.010(d-1), Civil Practice and Remedies
	Code, is amended to read as follows:
	(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
	for a silica-related injury shall be dismissed on or before August
	31, 2015.  All actions for an asbestos-related injury shall be
	dismissed on or before December 31, 2015.
	SECTION 3.  Chapter 90, Civil Practice and Remedies Code, is
	amended by adding Subchapter B to read as follows:
	SUBCHAPTER B. ASBESTOS OR SILICA TRUST CLAIMS
	Sec. 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)  is created under 11 U.S.C. Section 524(g) or
	another applicable law for the benefit of creditors of a bankrupt
	person;
	(B)  is formed for the purpose of compensating
	claimants for asbestos- or silica-related injuries; and
	(C)  is in existence on the date trial in an action
	asserting an asbestos- or silica-related injury is set to commence.
	(2)  "Trust claim" means any filing with or claim
	against an asbestos or silica trust seeking recovery of
	compensation or damages for or arising from the asbestos- or
	silica-related injury of an exposed person.
	(3)  "Trust claim material" means documentation filed
	as part of or in connection with a trust claim, including:
	(A)  documentation that a claimant submits or
	provides to an asbestos or silica trust for the purpose of
	demonstrating asbestos or silica exposure, the existence of an
	asbestos- or silica-related injury, or the validity of a trust
	claim; and
	(B)  claim forms and other materials that an
	asbestos or silica trust requires a claimant to submit.
	Sec. 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
	injury shall make a trust claim against each asbestos or silica
	trust the claimant believes may owe compensation or damages to the
	claimant for the injury that is the basis of the claimant's action.
	(b)  A claimant must make each trust claim required under
	this section not later than:
	(1)  the 150th day before the date trial in the action
	is set to commence; or
	(2)  a date provided by court order if trial is set to
	commence on or before January 31, 2016.
	(c)  A claimant may file a motion seeking relief from the
	obligation to make a trust claim otherwise required by this section
	if the claimant believes that the fees and expenses, including
	attorney's fees, for filing the trust claim exceed the claimant's
	reasonably anticipated recovery from the trust.
	(d)  If a claimant files a motion under Subsection (c), the
	court shall determine whether the claimant's fees and expenses,
	including attorney's fees, for making the trust claim exceed the
	claimant's reasonably anticipated recovery from the trust. If the
	court determines that the claimant's fees and expenses exceed the
	claimant's reasonably anticipated recovery, the claimant is not
	required to make the trust claim but shall provide the court with a
	verified statement of the exposed person's exposure history to
	asbestos or silica that is covered by the trust.
	Sec. 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, and trust claim material relating to, each
	trust claim made by or on behalf of the exposed person. The notice
	must:
	(1)  identify each trust claim made by or on behalf of
	the exposed person;
	(2)  state the amount of any trust claim payment made to
	compensate for the exposed person's injury; and
	(3)  state the date each trust claim was made and
	whether a request for individual or enhanced review or for a
	deferral, delay, suspension, or tolling of the claim has been
	submitted to the trust.
	(b)  The claimant shall serve the notice and trust claim
	materials required by Subsection (a) not later than:
	(1)  the 120th day before the date trial in the action
	is set to commence; or
	(2)  a date provided by court order if the court entered
	an order under Section 90.052(b).
	(c)  The notice and trust claim materials required to be
	served under Subsection (a) are in addition to any notice or
	materials required to be served or produced under other law, rule,
	order, or applicable agreement.
	(d)  If a claimant makes a trust claim after the date
	provided by Section 90.052(b) but before the date that trial in the
	action commences, the claimant shall serve the notice of, and trust
	claim material relating to, the trust claim as required by
	Subsection (a) reasonably promptly after making the trust claim,
	but not later than the earlier of:
	(1)  the date that trial commences; or
	(2)  the 15th day after the date the additional trust
	claim is made.
	(e)  If a claimant discovers that the notice or trust claim
	materials provided by the claimant under this section were
	incomplete or incorrect at the time the notice or trust claim
	materials were served or that the notice or trust claim materials as
	served are no longer complete and correct, the claimant shall
	supplement the notice and the production of trust claim materials.
	The claimant shall serve the supplemental notice or trust claim
	materials reasonably promptly after the claimant discovers the
	necessity for the supplementation, but not later than the 15th day
	after the date the claimant discovers the necessity for the
	supplementation.
	(f)  A claimant shall serve notice of, and trust claim
	material relating to, a trust claim regardless of whether the claim
	is for an injury resulting in cancer or an injury not resulting in
	cancer.
	Sec. 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 unless the claimant has:
	(1)  made each trust claim as required by this
	subchapter; and
	(2)  served the notice of, and trust claim material
	relating to, those trust claims in accordance with Section 90.053.
	(b)  If a claimant received compensation from an asbestos or
	silica trust for an injury that also gave rise to a judgment against
	a defendant for the same injury and the claimant failed to serve the
	relevant notice and trust claim material as required by Section
	90.053, the trial court, on a defendant's or judgment debtor's
	motion and after reasonable notice to the parties, may impose an
	appropriate sanction, including setting aside the judgment and
	ordering a new trial.
	(c)  This section may not be construed to require payment of
	a trust claim by an asbestos or silica trust before the MDL pretrial
	court remands the action for trial or before a judgment is rendered
	in the action.
	Sec. 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 day before the date trial in the action is
	set to commence;
	(2)  the 15th day after the date the defendant first
	obtains asbestos- or silica-exposure information that could
	support an additional asbestos or silica trust claim by the
	claimant; or
	(3)  a date provided by court order if the court entered
	an order under Section 90.052(b).
	(b)  The motion described by Subsection (a) must include:
	(1)  a list of asbestos or silica trusts not disclosed
	by the claimant against which the defendant in good faith believes
	the claimant may make a successful trust claim; and
	(2)  information supporting the additional trust claim
	described by Subdivision (1), including information that may be
	used to meet the trust claim requirements of an asbestos or silica
	trust described by Subdivision (1).
	Sec. 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 court order under
	Section 90.052(b), the claimant may file a response:
	(1)  stating and providing proof that the claimant has
	made a trust claim identified in the defendant's motion and served
	the notice of, and trust claim material relating to, the claim as
	prescribed by Section 90.053; or
	(2)  requesting a determination by the court that the
	fees and expenses, including attorney's fees, for filing a trust
	claim identified in the motion exceed the claimant's reasonably
	anticipated recovery from the trust.
	(b)  If the claimant files a response making a request under
	Subsection (a)(2), the court shall determine whether the claimant's
	fees and expenses, including attorney's fees, for making the
	relevant trust claim exceed the claimant's reasonably anticipated
	recovery from the trust. If the court determines that the
	claimant's fees and expenses exceed the claimant's reasonably
	anticipated recovery, the claimant is not required to make the
	trust claim but shall provide the court with a verified statement of
	the exposed person's exposure history to asbestos or silica that is
	covered by the trust.
	Sec. 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 likely to receive
	compensation from a trust identified by the motion. The stay shall
	continue until the claimant provides proof that the claimant has
	made the claim and served notice of, and trust claim material
	relating to, the claim as prescribed by Section 90.053.
	(b)  The court may not stay the proceedings if, with respect
	to each trust claim identified in the motion:
	(1)  the court determines that the claimant has
	satisfied the requirements of Section 90.053(a); or
	(2)  the court makes a determination described by
	Section 90.052(d) or 90.056(b).
	Sec. 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 a
	confidentiality agreement, trust claim material is presumed to not
	be privileged in an action to which this subchapter applies.
	(c)  This section may not be construed to affect the
	application of Section 33.003 to an action governed by this
	chapter.
	SECTION 4.  Subchapter B, Chapter 90, Civil Practice and
	Remedies Code, as added by this Act, applies to an action:
	(1)  commenced on or after the effective date of this
	Act; or
	(2)  pending on the effective date of this Act.
	SECTION 5.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1492 was passed by the House on May
	11, 2015, by the following vote:  Yeas 126, Nays 11, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1492 was passed by the Senate on May
	22, 2015, by the following vote:  Yeas 29, Nays 1, 1 present, not
	voting.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor