Tort Reform Bills Pending in the Texas Legislature
ASBESTOS AND SILICA LITIGATION.
HB 2034 by Rep. Doug Miller, R-New Braunfels and SB 1202 by Sen. Dan Patrick, R-Houston.
These bills would allow the judge assigned to the asbestos or silica MDL docket to dismiss without prejudice the tens of thousands of cases that have been pending for years without any action because the claimants have not shown medical impairment. It also would prevent "double dipping" by plaintiffs who apply to asbestos bankruptcy trusts only after trial against solvent defendants as a way of avoiding "settlement offsets."
TRESPASSER LIABILITY.
SB 1160 by Sen. Kel Seliger, R-Amarillo and HB 1971 by Rep. Jim Jackson, R-Carrollton.
Texas common law provides that a property owner owes no duty of care to a trespasser, except in very narrow and well-defined circumstances. These bills would codify these traditional common law rules to preempt courts from adopting liberal provisions of the new Restatement Third of Torts, which would dramatically expand trespasses’ rights to sue landowners and impose costly burdens on property owners.
ELIMINATING THE RESPONSIBLE THIRD PARTY PRACTICE.
HB 1427 by Rep. Tryon Lewis, R-Odessa
This bill would repeal Section 33.004(e) of the Civil Practice and Remedies Code as it is used to provide a means to circumvent limitations periods.
