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Revisions to Texas
Bill could keep alive Asbestos Related Lawsuits
Jul.
15--AUSTIN--Some pending lawsuits over asbestos-related ailments could be
kept alive under new revisions to a bill that would limit asbestos claims in
Texas courts, the Senate sponsor said Monday.
The measure, which Gov. Rick Perry added to the special session's agenda
after a similar bill died in the regular session last spring, is a major
priority of businesses and insurers seeking protection from billions of
dollars in potential claims over exposure to the cancer-causing fiber.
So far, Sen. Kyle Janek, R-Houston, has been struggling to secure the
two-thirds vote necessary to advance the bill in the Senate in the face of
stiff opposition from plaintiffs' lawyers, labor groups and consumer
advocates.
Janek's Senate Bill 8 would prevent most claims over asbestos-related
illnesses from going to court until the illnesses became serious. It would
direct the Texas Supreme Court to set rules for creating an inactive docket
where asbestos cases can be kept until plaintiffs develop identifiable
diseases, such as mesothelioma or lung cancer.
Supporters say the bill is necessary because courts are being overwhelmed
with asbestos cases, many filed by people exposed to asbestos who haven't
yet become sick.
Janek said he didn't have enough Senate votes to pass the bill last week.
So, after consulting with Lt. Gov. David Dewhurst and lobbyists for both
sides over the weekend, he made some changes. One revision affects thousands
of lawsuits already pending.
Under the rewritten bill, Janek said, people with asbestos-related lawsuits
pending on July 1 would have 90 days after the new restrictions go into
effect to keep their suits alive with medical documentation that they are
sick or have been injured.
He said he also narrowed the scope of the bill so that it applies only to
claims related to asbestos and silica, not asbestos and the broader category
of other "mineral dusts," as previously specified in the legislation.
Janek said Monday that he was still counting Senate votes and hoped to have
Dewhurst's support.
Janek failed by one vote to win Senate debate of the measure during the
regular session. Opponents argue that people exposed to asbestos are
entitled to their day in court, even if they haven't yet become ill.
Sometimes, it can take years for victims to develop signs of illness.
A related measure, House Bill 47, has been approved by a House committee.
Houston Chronicle (TX), Jul 15, 2003
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