79th Texas Legislature, Regular Session, Senate Bill 15, Chapter 97 Page: 5 of 37
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S.B. No. 15
1 1999, the United States Centers for Disease Control and
2 Prevention/National Institute for Occupational Safety and Health
3 called the reduction in occupational lung diseases, including
4 silicosis, one of the ten great public health achievements of the
5 20th century. The United States Centers for Disease Control and
6 Prevention/National Institute for Occupational Safety and Health
7 data disclose a substantial decrease in.silicosis since 1968 (the
8 first year the data were collected). As a result, the number of
9 silica lawsuits filed each year was relatively predictable through
10 2001. This trend has changed. The number of new lawsuits alleging
11 silica-related disease being filed each year has risen
12 precipitously in recent years. For example, one of America's
13 largest suppliers of industrial sand had more than 15,000 new
14 claims filed in the first six months of 2003, which is three times
15 the number of claims it had in all of 2002 and more than 10 times the
16 number of claims it had in all of 2001.
17 (m) Silica claims, like asbestos claims, often arise when an
18 individual is identified as having markings on the individual's
19 lungs that are possibly consistent with silica exposure, but the
20 individual has no functional or physical impairment from any
21 silica-related disease. The identified individuals, like those
22 alleging asbestos-related injury, file lawsuits under the theory
23 that they must do so to avoid having their claims barred by
24 limitations even though they have no current impairment and may
25 never have impairment. It is, therefore, necessary to address
26 silica-related litigation.
27 (n) It is the purpose of this Act to protect the right of5
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Texas. Legislature. Senate. 79th Texas Legislature, Regular Session, Senate Bill 15, Chapter 97, legislative document, May 19, 2005; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth157578/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.