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.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 90 - Claims Involving Asbestos and Silica
Subchapter A. General Provisions
Section 90.002. Pulmonary Function Testing
Section 90.003. Reports Required for Claims Involving Asbestos-Related Injury
Section 90.004. Reports Required for Claims Involving Silica-Related Injury
Section 90.005. Prohibited Basis for Diagnosis
Section 90.006. Serving Reports
Section 90.007. Motion to Dismiss in Action Filed on or After September 1, 2005
Section 90.008. Voluntary Dismissal
Section 90.009. Joinder of Claimants