Tex.
Civ. Practice & Remedies Code Section 149.002
Applicability
(a)
The limitations in Section 149.003 (Limitations on Successor Asbestos-related Liabilities) shall apply to a domestic corporation or a foreign corporation that has had a certificate of authority to transact business in this state or has done business in this state and that is a successor which became a successor prior to May 13, 1968, or which is any of that successor corporation’s successors, but in the latter case only to the extent of the limitation of liability applied under Section 149.003 (Limitations on Successor Asbestos-related Liabilities)(b) and subject also to the limitations found in this chapter, including those in Subsection (b).(b)
The limitations in Section 149.003 (Limitations on Successor Asbestos-related Liabilities) shall not apply to:(1)
workers’ compensation benefits paid by or on behalf of an employer to an employee under the Texas Workers’ Compensation Act, Subtitle A, Title 5, Labor Code, or a comparable workers’ compensation law of another jurisdiction;(2)
any claim against a corporation that does not constitute a successor asbestos-related liability;(3)
an insurance corporation, as that term is used in the Insurance Code;(4)
any obligations under the National Labor Relations Act (29 U.S.C. Section 151 et seq.), as amended, or under any collective bargaining agreement;(5)
a successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor;(6)
a contractual obligation existing as of the effective date of this chapter that was entered into with claimants or potential claimants or their counsel and which resolves asbestos claims or potential asbestos claims;(7)
any claim made against the estate of a debtor in a bankruptcy proceeding commenced prior to April 1, 2003, under the United States Bankruptcy Code (11 U.S.C. Section 101 et seq.) by or against such debtor, or against a bankruptcy trust established under 11 U.S.C. Section 524(g) or similar provisions of the United States Code in such a bankruptcy proceeding commenced prior to such date; or(8)
a successor asbestos-related liability arising from a claim brought under Chapter 95 (Property Owner’s Liability for Acts of Independent Contractors and Amount of Recovery), a common law claim for premises liability, or a cause of action for premises liability, as applicable, but only if the successor owned or controlled the premise or premises at issue after the merger or consolidation.
Source:
Section 149.002 — Applicability, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.149.htm#149.002 (accessed Jun. 5, 2024).
