HB 1492

84(R) - 2015
House Judiciary & Civil Jurisprudence
House Judiciary & Civil Jurisprudence

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Doug Miller


Charles Anderson
Rodney Anderson
Trent Ashby
Cecil Bell Jr.
Dwayne Bohac
Greg Bonnen
Cindy Burkett
DeWayne Burns
Dustin Burrows
Angie Chen Button
Giovanni Capriglione
Travis Clardy
Byron Cook
Myra Crownover
John Cyrier
Tony Dale
Drew Darby
Gary Elkins
Wayne Faircloth
Pat Fallon
Marsha Farney
Dan Flynn
James Frank
John Frullo
Rick Galindo
Craig Goldman
Larry Gonzales
Patricia Harless
Dan Huberty
Jason Isaac
Kyle Kacal
James Keffer
Mark Keough
Ken King
Phil King
Susan King
Stephanie Klick
Linda Koop
Matt Krause
John Kuempel
Brooks Landgraf
Lyle Larson
Jodie Laubenberg
Jeff Leach
J.M. Lozano
Will Metcalf
Morgan Meyer
Rick Miller
Geanie Morrison
Jim Murphy
Andrew Murr
John Otto
Chris Paddie
Tan Parker
Dennis Paul
Gilbert Pena
Dade Phelan
Larry Phillips
Four Price
John Raney
Matt Rinaldi
Scott Sanford
Mike Schofield
Leighton Schubert
Matt Shaheen
Kenneth Sheets
J.D. Sheffield
Ron Simmons
Wayne Smith
Stuart Spitzer
Drew Springer
Phil Stephenson
Jonathan Stickland
Tony Tinderholt
Jason Villalba
James White
Paul Workman
John Wray
Bill Zedler
John Zerwas

Bill Caption

Relating to consideration of asbestos or silica trust claims in certain actions asserting asbestos- or silica-related injuries.

Fiscal Notes

No significant fiscal implication to State or local government.

Bill Analysis

HB 1492 would amend code concerning claims for injury from asbestos. The bill would require that plaintiffs file their claims with existing trusts to handle asbestos claims before pursuing a suit against a solvent company.  The planitiffs would be required to notify each party about the trust claim, which includes documentation about asbestos-related injuries. Materials submitted in support of a trust claim would be considered privileged and instead would be open to discovery.  The bill would provide a post trial remedy to defendants if they paid for injuries that were partly attributable to products associated with an asbestos trust.

Vote Recommendation Notes

05/20/2015 Update:

HB 1492 was amended with minor changes. We support HB 1492 in the second chamber. The second chamber sponsor is Senator Schwertner.

This bill affirms the principle of limited government. Given the amount of injury from exposure to asbestos, many companies filed bankruptcy and set up trusts to handle future claims. When pursuing a claim, lawyers can sue a solvent company alleged to be the source of the exposure or file a claim with a trust. Many attorneys have been able to use the system to file competing claims to secure awards in excess of the actual injury. This bill would provide transparency into the process for asbestos injury claims and prevent attorneys from using the system to gain duplicate awards from a trust set up to handle asbestos claims and a solvent company. For this reason, we support HB 1492.