CIV PRO-ASBESTOS TORT ACTIONS
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HB 153 — CIV PRO-ASBESTOS TORT ACTIONS
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 98th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Code of Civil Procedure. Provides that asbestos trust claims are presumed to be authentic, relevant to, and discoverable in an asbestos tort action, and that notwithstanding any agreement or confidentiality provision, trust claims material are presumed to be not privileged. Provides that within 30 days after the commencement of discovery in an asbestos tort action that is not otherwise barred or deferred under applicable law or within 30 days of the effective date of this Section with respect to an asbestos tort action that is pending on that effective date and in which discovery has commenced, a claimant shall provide to all of the parties in the action a sworn statement by the claimant, under penalty of perjury, identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified asbestos trust claim. Provides that the statement shall disclose certain facts. Provides that the submission of the sworn statement shall be in addition to any disclosure requirements otherwise imposed by law, civil rule, court order or ruling, applicable agreement or stipulation, local rule, or case management order. Contains requirements concerning updating of the sworn statement. Provides sanctions for noncompliance with the new provisions. Defines terms.
Bill Text
- Introduced View text Current html
Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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To General Law Subcommittee
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Assigned to Judiciary
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Dwight Kay
Sponsors
- Dwight Kay · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Dwight Kay
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HB 153 do?
- Amends the Code of Civil Procedure. Provides that asbestos trust claims are presumed to be authentic, relevant to, and discoverable in an asbestos tort action, and that notwithstanding any agreement or confidentiality provision, trust claims material are presumed to be not privileged. Provides that within 30 days after the commencement of discovery in an asbestos tort action that is not otherwise barred or deferred under applicable law or within 30 days of the effective date of this Section with respect to an asbestos tort action that is pending on that effective date and in which discovery has commenced, a claimant shall provide to all of the parties in the action a sworn statement by the claimant, under penalty of perjury, identifying all existing asbestos trust claims made by or on behalf of the claimant and all trust claims material pertaining to each identified asbestos trust claim. Provides that the statement shall disclose certain facts. Provides that the submission of the sworn statement shall be in addition to any disclosure requirements otherwise imposed by law, civil rule, court order or ruling, applicable agreement or stipulation, local rule, or case management order. Contains requirements concerning updating of the sworn statement. Provides sanctions for noncompliance with the new provisions. Defines terms.
- Who sponsors HB 153?
- HB 153 is sponsored by Dwight Kay.
- What is the current status of HB 153?
- This bill died with 98th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 153?
- Track HB 153 free on One Click Politics — get push/email alerts when it moves.
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