Tex. Civ. Prac. & Rem. Code § 90.052 · Subchapter B. ASBESTOS OR SILICA TRUST CLAIMS
REQUIREMENT TO MAKE TRUST CLAIMS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.90.htm
- Text hash
- sha256 04007cbb11a1c6a0cd4e5eb28f5d4bde36716dce02d844426937125f0fecf8de
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 90.052. Each shows the citation as that text prints it.
Civil Practice and Remedies Code
- Tex. Civ. Prac. & Rem. Code § 90.053NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.Printed as Section 90.052(b)
- Tex. Civ. Prac. & Rem. Code § 90.055MOTION TO STAY.Printed as Section 90.052(b)
- Tex. Civ. Prac. & Rem. Code § 90.056RESPONSE TO MOTION TO STAY.Printed as Section 90.052(b)
- Tex. Civ. Prac. & Rem. Code § 90.057STAY OF PROCEEDINGS.Printed as Section 90.052(d) or 90.056(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.