{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-90.054","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 90.054","heading":"FAILURE TO MAKE TRUST CLAIM OR PROVIDE NOTICE AND TRUST CLAIM MATERIAL.","body":"(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:\n(1) made each trust claim as required by this subchapter; and\n(2) served the notice of, and trust claim material relating to, those trust claims in accordance with Section 90.053.\n(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, 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.\n(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.\nAdded by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 4. LIABILITY IN TORT","CHAPTER 90. CLAIMS INVOLVING ASBESTOS AND SILICA","SUBCHAPTER B. ASBESTOS OR SILICA TRUST CLAIMS"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.90.htm#90.054","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"77c75b2dba31df81a34376222e1508391f8f723033b0a58d6d9e1fe9a50dbb71","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-90.053","next":"us-tx/tex.-civil-practice-and-remedies-code-90.055"},"notice":"GroundRules: Original legal text. Not legal advice."}