San Antonio Express-News, Lomi Kriel
Published May 9, 2005
AUSTIN - It will curb a wave of asbestos-related lawsuits but allow the truly sick to still seek redress, said proponents of a measure approved unanimously and without debate by the House late Tuesday.
"The effects of this legislation are going to be felt not just in Texas but all over the nation," said Rep. Joe Nixon, R-Houston, the bill's sponsor.
Nixon and other supporters say under the current system, too many people who have been exposed to asbestos or silica but who aren't ill are filing lawsuits at the expense of the truly sick.
The bill, which the Senate also passed unanimously two weeks ago, is a delicate compromise forged by lawyers and business groups, said Nixon and the Senate bill's author, Sen. Kyle Janek, R-Houston, who is also a practicing physician.
The easy approval was a marked difference from debate on the issue two years ago, which got so contentious that Gov. Rick Perry at one point hopped over a Senate railing to prod members to support a bill.
Nixon admitted he was surprised by the lack of debate, calling it proof that "a lot of people put in a lot of work."
"This is historic," said Dick Weekley, chairman of Texans for Lawsuit Reform, adding that it could provide a model for Congress. The U.S. Senate stalled on the issue two weeks ago, but a proposal would create a $140 billion trust fund to compensate asbestos victims directly, allowing them to bypass the courts altogether. A U.S. House member has favored a system using medical criteria similar to the one approved by Texas lawmakers.
The bill requires those exposed to asbestos meet requirements, such as passing a chest X-ray or pulmonary function test, before they could sue, while providing a loophole for "extraordinary" cases.
Those with pending lawsuits who do not meet the criteria would see their suits put on hold until they become sick enough to proceed. Those who sue after September 2005 could see their lawsuits automatically dismissed, though they could sue later.
Janek's measure removes the current statute of limitations - a key provision to obtaining support from plaintiffs' lawyers. People who have been exposed but are not yet sick will not have to rush to sue as they are doing now, Janek said, but could wait until they become truly ill.
Opponents have questioned imposing medical criteria on someone who is already sick and on a disease where not everyone is affected in the same way. Asbestos-related diseases can lie latent for 40 years.
Nearly 1,000 Texans a year will die from asbestos-related diseases between 2015 and 2020, according to the Washington-based Environmental Working Group. Texas ranks fifth in the nation for asbestos-related deaths and more lawsuits have been filed here than any other state.
Brian Blevins, a Beaumont attorney who worked on the proposal for Texas Trial Lawyers Association, called the measure the "best worst-case scenario for our clients."
