Section 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.Tex. Civ. Prac. and Rem. Code § 90.054
Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 532,Sec. 3, eff. 9/1/2015.