Tex. Civ. Prac. & Rem. Code § 90.054 · Subchapter B. ASBESTOS OR SILICA TRUST CLAIMS
FAILURE TO MAKE TRUST CLAIM OR PROVIDE NOTICE AND TRUST CLAIM MATERIAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
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 ade9fe1258c716b2e769cc0be31c3cc76c8fb88d998c527a896301051293a812
- 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
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Civil Practice and Remedies Code
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