87R5257 AJA-F     By: Schofield H.B. No. 3440       A BILL TO BE ENTITLED   AN ACT   relating to information a claimant must provide when bringing an   action asserting an asbestos-related injury.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 90, Civil Practice and   Remedies Code, is amended by adding Section 90.0031 to read as   follows:          Sec. 90.0031.  SWORN INFORMATION FORM REQUIRED FOR CLAIMS   INVOLVING ASBESTOS-RELATED INJURY. (a) A claimant asserting an   asbestos-related injury on or after September 1, 2021, must, in   addition to meeting the requirements of Section 90.003, serve on   each defendant a sworn information form specifying the evidence   that provides the basis for each claim against each defendant. The   sworn information form must be served with the petition and include   all of the following with specificity:                (1)  the name, address, date of birth, marital status,   occupation, current and past worksites, and current and past   employers of the exposed person and any person through whom the   exposed person was exposed to asbestos;                (2)  each person through whom the exposed person was   exposed to asbestos and the exposed person's relationship to each   such person;                (3)  each asbestos-containing product, whether from a   bankrupt entity or otherwise, to which the exposed person was   exposed, or if the exposed person was exposed through another   person, to which that other person was exposed;                (4)  the specific location and manner of each exposure,   including for any person through whom the exposed person was   exposed to asbestos;                (5)  the beginning and ending dates of each exposure,   the frequency and length of each exposure, and the proximity of the   asbestos-containing product or its use to the exposed person and   any person through whom the exposed person was exposed to asbestos;                (6)  the identity of the manufacturer or seller of the   specific asbestos product for each exposure;                (7)  the specific asbestos-related disease claimed to   exist; and                (8)  any supporting documentation relating to the   information required under this subsection.          (b)  A claimant has a continuing duty to supplement the   information that Subsection (a) requires to be disclosed.          (c)  The court shall dismiss a claimant's asbestos claim   without prejudice as to any defendant whose product or premises is   not identified in the required disclosures set forth in Subsection   (a).          (d)  The court shall dismiss a claimant's asbestos claim   without prejudice as to all defendants if the claimant fails to   comply with the requirements of Subsection (a).          SECTION 2.  This Act takes effect September 1, 2021.