§ 90.053.Notice of Trust Claim; Production of Trust Claim Material

Title 4. Liability in Tort · Chapter 90. Claims Involving Asbestos and Silica · Subchapter B. Asbestos or Silica Trust Claims · Last amended 2015 · Last verified August 29, 2026

In one sentenceSection 90.053 requires notice of, and material relating to, each trust claim to be served on every party by the 120th day before trial, with a continuing duty to supplement and correct.

Full Text of § 90.053

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

(a)A claimant in an action to recover damages for or arising from an asbestos- or silica-related injury shall serve on each party notice of, and trust claim material relating to, each trust claim made by or on behalf of the exposed person. The notice must:

(1)identify each trust claim made by or on behalf of the exposed person;

(2)state the amount of any trust claim payment made to compensate for the exposed person's injury; and

(3)state the date each trust claim was made and whether a request for individual or enhanced review or for a deferral, delay, suspension, or tolling of the claim has been submitted to the trust.

(b)The claimant shall serve the notice and trust claim materials required by Subsection (a) not later than:

(1)the 120th day before the date trial in the action is set to commence; or

(2)a date provided by court order if the court entered an order under Section 90.052(b).

(c)The notice and trust claim materials required to be served under Subsection (a) are in addition to any notice or materials required to be served or produced under other law, rule, order, or applicable agreement.

(d)If a claimant makes a trust claim after the date provided by Section 90.052(b) but before the date that trial in the action commences, the claimant shall serve the notice of, and trust claim material relating to, the trust claim as required by Subsection (a) reasonably promptly after making the trust claim, but not later than the earlier of:

(1)the date that trial commences; or

(2)the 15th day after the date the additional trust claim is made.

(e)If a claimant discovers that the notice or trust claim materials provided by the claimant under this section were incomplete or incorrect at the time the notice or trust claim materials were served or that the notice or trust claim materials as served are no longer complete and correct, the claimant shall supplement the notice and the production of trust claim materials. The claimant shall serve the supplemental notice or trust claim materials reasonably promptly after the claimant discovers the necessity for the supplementation, but not later than the 15th day after the date the claimant discovers the necessity for the supplementation.

(f)A claimant shall serve notice of, and trust claim material relating to, a trust claim regardless of whether the claim is for an injury resulting in cancer or an injury not resulting in cancer.

End

Plain-English Summary

The disclosure obligation, and it is detailed.

A claimant shall serve on each party notice of, and trust claim material relating to, each trust claim made by or on behalf of the exposed person. The notice must identify each trust claim, state the amount of any payment made, and state the date each claim was made and whether a request for individual or enhanced review, or for deferral, delay, suspension, or tolling, has been submitted.

The deferral disclosure is pointed. A claimant can file a trust claim and ask the trust to hold it, which produces no payment before trial while preserving the claim — and the section requires that to be disclosed.

The deadline is the 120th day before trial, thirty days after the trust claims themselves were due.

Subsection (d) covers later claims: a trust claim made after the deadline but before trial must be disclosed reasonably promptly, and by the earlier of the date trial commences or the 15th day after the claim is made.

Subsection (e) imposes a correction duty where the notice or materials were incomplete or incorrect when served, or have become so.

Subsection (f) forecloses a distinction: the obligation applies regardless of whether the claim is for an injury resulting in cancer or an injury not resulting in cancer.

Subsection (c) confirms this is additional to any notice or production required under other law, rule, order, or agreement.

Frequently Asked Questions

What must be disclosed about trust claims?

Notice identifying each trust claim, the amount of any payment, the date each was made, and whether a request for individual or enhanced review or for deferral, delay, suspension, or tolling was submitted — together with the trust claim material.

When is it due?

By the 120th day before trial is set to commence, with later claims disclosed reasonably promptly and by the earlier of trial or 15 days after the claim is made.

Does it apply to cancer claims?

Yes. The obligation applies regardless of whether the injury resulted in cancer.

What if the disclosure turns out to be wrong?

There is a duty to correct where the notice or materials were incomplete or incorrect when served or have become so.

Amendment History

Added by Acts 2015, 84th Leg., R.S., Ch. 532 (H.B. 1492), Sec. 3, eff. September 1, 2015.

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