Tex. Civ. Practice & Remedies Code Section 90.054
Failure to Make Trust Claim or Provide Notice and Trust Claim Material

(a)

An MDL pretrial court may not remand an action to a trial court and a trial court may not commence trial in the action unless the claimant has:

(1)

made each trust claim as required by this subchapter; and

(2)

served the notice of, and trust claim material relating to, those trust claims in accordance with Section 90.053 (Notice of Trust Claim; Production of Trust Claim Material).

(b)

If a claimant received compensation from an asbestos or silica trust for an injury that also gave rise to a judgment against a defendant for the same injury and the claimant failed to serve the relevant notice and trust claim material as required by Section 90.053 (Notice of Trust Claim; Production of Trust Claim Material), the trial court, on a defendant’s or judgment debtor’s motion and after reasonable notice to the parties, may impose an appropriate sanction, including setting aside the judgment and ordering a new trial.

(c)

This section may not be construed to require payment of a trust claim by an asbestos or silica trust before the MDL pretrial court remands the action for trial or before a judgment is rendered in the action.
Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.

Source: Section 90.054 — Failure to Make Trust Claim or Provide Notice and Trust Claim Material, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­90.­htm#90.­054 (accessed Apr. 20, 2024).

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Accessed:
Apr. 20, 2024

§ 90.054’s source at texas​.gov