reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 78.101 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter C. Fire-Fighting Services|Section 78.101. Definitions

Sec. 78.101.  DEFINITIONS.  In this subchapter:(1)  "Emergency response" means a response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services.(2)  "Volunteer fire department" means a nonprofit organization that is:(A)  operated by its members;(B)  exempt from the state sales tax under Section 151.310, Tax Code, or the state franchise tax under Section 171.083, Tax Code;  and(C)  organized to provide an emergency response.(3)  "Volunteer fire fighter" means a member of a volunteer fire department.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 78.102 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter C. Fire-Fighting Services|Section 78.102. Applicability of Subchapter: Emergency Response

Sec. 78.102.  APPLICABILITY OF SUBCHAPTER:  EMERGENCY RESPONSE.  This subchapter applies only to damages for personal injury, death, or property damage, other than property damage to which Subchapter A applies, arising from an error or omission of:(1)  a volunteer fire department while involved in or providing an emergency response;  or(2)  a volunteer fire fighter while involved in or providing an emergency response as a member of a volunteer fire department.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 78.103 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter C. Fire-Fighting Services|Section 78.103. Liability of Volunteer Fire Department

Sec. 78.103.  LIABILITY OF VOLUNTEER FIRE DEPARTMENT.  A volunteer fire department is:(1)  liable for damages described by Section 78.102 only to the extent that a county providing the same or similar services would be liable under Chapter 101;  and(2)  entitled to the exclusions, exceptions, and defenses applicable to a county under Chapter 101 and other statutory or common law.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 78.104 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter C. Fire-Fighting Services|Section 78.104. Liability of Volunteer Fire Fighter

Sec. 78.104.  LIABILITY OF VOLUNTEER FIRE FIGHTER.  A volunteer fire fighter is:(1)  liable for damages described by Section 78.102 only to the extent that an employee providing the same or similar services for a county would be liable;  and(2)  entitled to the exclusions, exceptions, immunities, and defenses applicable to an employee of a county under Chapter 101 and other statutory or common law.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 19.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 78.151 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter D. Liability for Training Exercises|Section 78.151. Liability for Training Exercises

Sec. 78.151.  LIABILITY FOR TRAINING EXERCISES.  A person is not liable for damages resulting from the person's execution of a training exercise intended to prepare the person to respond to a fire or emergency to which this chapter applies to the same extent that the person would not be liable under this chapter for damages resulting from the person's actions in responding to a fire or emergency.|Added by Acts 2015, 84th Leg., R.S., Ch. 1039 (H.B. 1666), Sec. 1, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.002. Pulmonary Function Testing

Sec. 90.002.  PULMONARY FUNCTION TESTING.  Pulmonary function testing required by this chapter must be interpreted by a physician:(1)  who is licensed in this state or another state of the United States;(2)  who is board certified in pulmonary medicine, internal medicine, or occupational medicine; and(3)  whose license and certification were not on inactive status at the time the testing was interpreted.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.005. Prohibited Basis for Diagnosis

Sec. 90.005.  PROHIBITED BASIS FOR DIAGNOSIS.  (a)  For purposes of this chapter, a physician may not, as the basis for a diagnosis, rely on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition that was conducted in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted.(b)  If a physician relies on any information in violation of Subsection (a), the physician's opinion or report does not comply with the requirements of this chapter.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.006. Serving Reports

Sec. 90.006.  SERVING REPORTS.  (a)  In an action filed on or after the date this chapter becomes law, a report prescribed by Section 90.003 or 90.004 must be served on each defendant not later than the 30th day after the date that defendant answers or otherwise enters an appearance in the action.(b)  In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences on or before the 90th day after the date this chapter becomes law, a claimant is not required to serve a report on any defendant unless a mistrial, new trial, or retrial is subsequently granted or ordered.(c)  In an action pending on the date this chapter becomes law and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, commences after the 90th day after the date this chapter becomes law, a report must be served on each defendant on or before the earlier of the following dates:(1)  the 60th day before trial commences; or(2)  the 180th day after the date this chapter becomes law.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.007. Motion to Dismiss in Action Filed on or After September 1, 2005

Sec. 90.007.  MOTION TO DISMISS IN ACTION FILED ON OR AFTER SEPTEMBER 1, 2005.  (a)  In an action filed on or after September 1, 2005, if a claimant fails to timely serve a report on a defendant, or serves on the defendant a report that does not comply with the requirements of Section 90.003 or 90.004, the defendant may file a motion to dismiss the claimant's asbestos-related claims or silica-related claims.  The motion must be filed on or before the 30th day after the date the report is served on the defendant.  If a claimant fails to serve a report on the defendant, the motion must be filed on or before the 30th day after the date the report was required to be served on the defendant under Section 90.006.  If the basis of the motion is that the claimant has served on the defendant a report that does not comply with Section 90.003 or 90.004, the motion must include the reasons why the report does not comply with that section.(b)  A claimant may file a response to a motion to dismiss on or before the 15th day after the date the motion to dismiss is served.  A report required by Section 90.003 or 90.004 may be filed, amended, or supplemented within the time required for responding to a motion to dismiss.  The service of an amended or supplemental report does not require the filing of an additional motion to dismiss if the reasons stated in the original motion to dismiss are sufficient to require dismissal under this chapter.(c)  Except as provided by Section 90.010(d) or (e), if the court is of the opinion that a motion to dismiss is meritorious, the court shall, by written order, grant the motion and dismiss all of the claimant's asbestos-related claims or silica-related claims, as appropriate, against the defendant.  A dismissal under this section is without prejudice to the claimant's right, if any, to assert claims for an asbestos-related injury or a silica-related injury in a subsequent action.(d)  On the filing of a motion to dismiss under this section, all further proceedings in the action are stayed until the motion is heard and determined by the court.(e)  On the motion of a party showing good cause, the court may shorten or extend the time limits provided in this section for filing or serving motions, responses, or reports.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 146 (H.B. 1325), Sec. 1, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 146 (H.B. 1325), Sec. 2, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 90.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.008. Voluntary Dismissal

Sec. 90.008.  VOLUNTARY DISMISSAL.  Before serving a report required by Section 90.003 or 90.004, a claimant seeking damages arising from an asbestos-related injury or silica-related injury may voluntarily dismiss the claimant's action.  If a claimant files a voluntary dismissal under this section, the claimant's voluntary dismissal is without prejudice to the claimant's right to file a subsequent action seeking damages arising from an asbestos-related injury or a silica-related injury.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.009. Joinder of Claimants

Sec. 90.009.  JOINDER OF CLAIMANTS.  Unless all parties agree otherwise, claims relating to more than one exposed person may not be joined for a single trial.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.011 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.011. Bankruptcy

Sec. 90.011.  BANKRUPTCY.  Nothing in this chapter is intended to affect the rights of any party in a bankruptcy proceeding or affect the ability of any person to satisfy the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Section 1101 et seq.).|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.012 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter A. General Provisions|Section 90.012. Supreme Court Rulemaking

Sec. 90.012.  SUPREME COURT RULEMAKING.  The supreme court may promulgate amendments to the Texas Rules of Civil Procedure regarding the joinder of claimants in asbestos-related actions or silica-related actions if the rules are consistent with Section 90.009.|Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 90.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.051. Definitions

Sec. 90.051.  DEFINITIONS.  In this subchapter:(1)  "Asbestos or silica trust" means a claims facility, a claims agent, a qualified settlement fund, or any other entity that:(A)  is created under 11 U.S.C. Section 524(g) or another applicable law for the benefit of creditors of a bankrupt person;(B)  is formed for the purpose of compensating claimants for asbestos- or silica-related injuries; and(C)  is in existence on the date trial in an action asserting an asbestos- or silica-related injury is set to commence.(2)  "Trust claim" means any filing with or claim against an asbestos or silica trust seeking recovery of compensation or damages for or arising from the asbestos- or silica-related injury of an exposed person.(3)  "Trust claim material" means documentation filed as part of or in connection with a trust claim, including:(A)  documentation that a claimant submits or provides to an asbestos or silica trust for the purpose of demonstrating asbestos or silica exposure, the existence of an asbestos- or silica-related injury, or the validity of a trust claim; and(B)  claim forms and other materials that an asbestos or silica trust requires a claimant to submit.|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.052 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.052. Requirement to Make Trust Claims

Sec. 90.052.  REQUIREMENT TO MAKE TRUST CLAIMS.  (a)  Except as provided by Subsection (d), a claimant who has filed an action to recover damages for or arising from an asbestos- or silica-related injury shall make a trust claim against each asbestos or silica trust the claimant believes may owe compensation or damages to the claimant for the injury that is the basis of the claimant's action.(b)  A claimant must make each trust claim required under this section not later than:(1)  the 150th day before the date trial in the action is set to commence; or(2)  a date provided by court order if trial is set to commence on or before January 31, 2016.(c)  A claimant may file a motion seeking relief from the obligation to make a trust claim otherwise required by this section if the claimant believes that the fees and expenses, including attorney's fees, for filing the trust claim exceed the claimant's reasonably anticipated recovery from the trust.(d)  If a claimant files a motion under Subsection (c), the court shall determine whether the claimant's fees and expenses, including attorney's fees, for making the trust claim exceed the claimant's reasonably anticipated recovery from the trust. If the court determines that the claimant's fees and expenses exceed the claimant's reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person's exposure history to asbestos or silica that is covered by the trust.|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.053 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.053. Notice of Trust Claim; Production of Trust Claim Material

Sec. 90.053.  NOTICE OF TRUST CLAIM; PRODUCTION OF TRUST CLAIM MATERIAL.  (a)  A claimant in an action to recover damages for or arising from an asbestos- or silica-related injury shall serve on each party notice of, and trust claim material relating to, each trust claim made by or on behalf of the exposed person.  The notice must:(1)  identify each trust claim made by or on behalf of the exposed person;(2)  state the amount of any trust claim payment made to compensate for the exposed person's injury; and(3)  state the date each trust claim was made and whether a request for individual or enhanced review or for a deferral, delay, suspension, or tolling of the claim has been submitted to the trust.(b)  The claimant shall serve the notice and trust claim materials required by Subsection (a) not later than:(1)  the 120th day before the date trial in the action is set to commence; or(2)  a date provided by court order if the court entered an order under Section 90.052(b).(c)  The notice and trust claim materials required to be served under Subsection (a) are in addition to any notice or materials required to be served or produced under other law, rule, order, or applicable agreement.(d)  If a claimant makes a trust claim after the date provided by Section 90.052(b) but before the date that trial in the action commences, the claimant shall serve the notice of, and trust claim material relating to, the trust claim as required by Subsection (a) reasonably promptly after making the trust claim, but not later than the earlier of:(1)  the date that trial commences; or(2)  the 15th day after the date the additional trust claim is made.(e)  If a claimant discovers that the notice or trust claim materials provided by the claimant under this section were incomplete or incorrect at the time the notice or trust claim materials were served or that the notice or trust claim materials as served are no longer complete and correct, the claimant shall supplement the notice and the production of trust claim materials. The claimant shall serve the supplemental notice or trust claim materials reasonably promptly after the claimant discovers the necessity for the supplementation, but not later than the 15th day after the date the claimant discovers the necessity for the supplementation.(f)  A claimant shall serve notice of, and trust claim material relating to, a trust claim regardless of whether the claim is for an injury resulting in cancer or an injury not resulting in cancer.|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.054 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.054. Failure to Make Trust Claim or Provide Notice and Trust Claim Material

Sec. 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.(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.(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.|
TX Civ Prac & Rem Code § 90.055 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.055. Motion to Stay

Sec. 90.055.  MOTION TO STAY.  (a)  A defendant may file a motion requesting a stay of the proceedings under Section 90.057 on or before the later of:(1)  the 60th day before the date trial in the action is set to commence;(2)  the 15th day after the date the defendant first obtains asbestos- or silica-exposure information that could support an additional asbestos or silica trust claim by the claimant; or(3)  a date provided by court order if the court entered an order under Section 90.052(b).(b)  The motion described by Subsection (a) must include:(1)  a list of asbestos or silica trusts not disclosed by the claimant against which the defendant in good faith believes the claimant may make a successful trust claim; and(2)  information supporting the additional trust claim described by Subdivision (1), including information that may be used to meet the trust claim requirements of an asbestos or silica trust described by Subdivision (1).|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.056 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.056. Response to Motion to Stay

Sec. 90.056.  RESPONSE TO MOTION TO STAY.  (a)  Not later than the 14th day after the date the defendant files a motion to stay under Section 90.055 or the date provided by court order under Section 90.052(b), the claimant may file a response:(1)  stating and providing proof that the claimant has made a trust claim identified in the defendant's motion and served the notice of, and trust claim material relating to, the claim as prescribed by Section 90.053; or(2)  requesting a determination by the court that the fees and expenses, including attorney's fees, for filing a trust claim identified in the motion exceed the claimant's reasonably anticipated recovery from the trust.(b)  If the claimant files a response making a request under Subsection (a)(2), the court shall determine whether the claimant's fees and expenses, including attorney's fees, for making the relevant trust claim exceed the claimant's reasonably anticipated recovery from the trust.  If the court determines that the claimant's fees and expenses exceed the claimant's reasonably anticipated recovery, the claimant is not required to make the trust claim but shall provide the court with a verified statement of the exposed person's exposure history to asbestos or silica that is covered by the trust.|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 90.057 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 90 - Claims Involving Asbestos and Silica|Subchapter B. Asbestos or Silica Trust Claims|Section 90.057. Stay of Proceedings

Sec. 90.057.  STAY OF PROCEEDINGS.  (a) The court shall grant a motion to stay under Section 90.055 if the court determines the motion was timely filed and the claimant is likely to receive compensation from a trust identified by the motion. The stay shall continue until the claimant provides proof that the claimant has made the claim and served notice of, and trust claim material relating to, the claim as prescribed by Section 90.053.(b)  The court may not stay the proceedings if, with respect to each trust claim identified in the motion:(1)  the court determines that the claimant has satisfied the requirements of Section 90.053(a); or(2)  the court makes a determination described by Section 90.052(d) or 90.056(b).|Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.|