Texas Civil Practice and Remedies Code 90.052 – Requirement to Make Trust Claims
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(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.
Terms Used In Texas Civil Practice and Remedies Code 90.052
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.