§ 90.007.Motion to Dismiss in Action Filed on or After September 1, 2005

Title 4. Liability in Tort · Chapter 90. Claims Involving Asbestos and Silica · Subchapter A. General Provisions · Last amended 2013 · Last verified August 29, 2026

In one sentenceSection 90.007 lets a defendant move to dismiss for a missing or non-compliant report, stays all proceedings while the motion is pending, and makes dismissal without prejudice.

Full Text of § 90.007

Text sizeJump to: (a) (b) (c) (d) (e)

(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.

End

Plain-English Summary

The enforcement mechanism, and it is less severe than its counterpart in the medical liability chapter.

In an action filed on or after September 1, 2005, if a claimant fails to timely serve a report or serves one that does not comply with the reporting requirements, the defendant may file a motion to dismiss the asbestos- or silica-related claims.

Subsection (b) gives the claimant a cure. A response may be filed on or before the 15th day after the motion is served, and a report may be filed, amended, or supplemented within the time for responding.

That is a genuine second chance, and it applies to an absent report as well as a deficient one — unlike the medical liability chapter, where an absent report cannot be cured at all.

Subsection (c): if the court finds the motion meritorious it shall grant it by written order and dismiss the claims against that defendant. The dismissal is without prejudice to refiling.

Without prejudice is the crucial difference. A claimant dismissed here may sue again when the disease progresses to meet the criteria, and the limitations chapter contains a provision preserving that right for asbestos and silica claims.

Subsection (d) stays everything while the motion is heard and determined. Subsection (e) lets the court shorten or extend any of these deadlines on a showing of good cause.

Frequently Asked Questions

What happens if I do not serve an asbestos report?

The defendant may move to dismiss, but you may file, amend, or supplement the report within the 15 days allowed for responding to the motion.

Is dismissal permanent?

No. A dismissal under this section is without prejudice to filing a subsequent action.

Does the case continue while the motion is pending?

No. All further proceedings are stayed until the motion is heard and determined.

How does this compare to the medical liability expert report?

It is less severe. There, an absent report cannot be cured and dismissal is with prejudice with a mandatory fee award. Here the report can be supplied late and dismissal is without prejudice.

Amendment History

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.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source