Texas Civil Practice and Remedies Code 149.002 – Applicability
(a) The limitations in § 149.003 shall apply to a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor which became a successor prior to May 13, 1968, or which is any of that successor corporation’s successors, but in the latter case only to the extent of the limitation of liability applied under § 149.003(b) and subject also to the limitations found in this chapter, including those in Subsection (b).
(b) The limitations in § 149.003 shall not apply to:
(1) workers’ compensation benefits paid by or on behalf of an employer to an employee under the Texas Workers’ Compensation Act, Subtitle A, Title 5, Labor Code, or a comparable workers’ compensation law of another jurisdiction;
(2) any claim against a corporation that does not constitute a successor asbestos-related liability;
(3) an insurance corporation, as that term is used in the Insurance Code;
(4) any obligations under the National Labor Relations Act (29 U.S.C. § 151 et seq.), as amended, or under any collective bargaining agreement;
(5) a successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor;
(6) a contractual obligation existing as of the effective date of this chapter that was entered into with claimants or potential claimants or their counsel and which resolves asbestos claims or potential asbestos claims;
(7) any claim made against the estate of a debtor in a bankruptcy proceeding commenced prior to April 1, 2003, under the United States Bankruptcy Code (11 U.S.C. § 101 et seq.) by or against such debtor, or against a bankruptcy trust established under 11 U.S.C. § 524(g) or similar provisions of the United States Code in such a bankruptcy proceeding commenced prior to such date; or
(8) a successor asbestos-related liability arising from a claim brought under Chapter 95, a common law claim for premises liability, or a cause of action for premises liability, as applicable, but only if the successor owned or controlled the premise or premises at issue after the merger or consolidation.
Terms Used In Texas Civil Practice and Remedies Code 149.002
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005