April 23, 2005

Senate Asbestos Effort Draws Praise
from Both Sides after Panel Backs Bill

Tort reform advocates appear to have cleared the last major hurdle in the push for asbestos litigation reform with a compromise plan that cleared Senate State Affairs Committee on Friday.

The panel voted 8-0 for Senate Bill 15 by State Senator Kyle Janek after trial lawyers and consumer groups dropped their opposition and reached a mutual agreement with business interests on legislation that failed in the upper chamber two years ago. The legislation seeks to curb asbestos and silica claims by plaintiffs who show no signs of actual impairment while preserving the right of workers who've been exposed to sue for damages once they are ill. Supporters say asbestos and silica litigation limitations are needed to help keep suits with merit from backing up in civil courts that have been clogged with cases involving workers who aren't really sick.

Despite suggesting that the status quo would be better, Alex Winslow, the executive director of Texas Watch, echoed the sentiments of longtime adversaries in praising Lieutenant Governor David Dewhurst, State Affairs Chairman Robert Duncan and Janek for "conducting a fair process" that culminated in the deal. Winslow said the committee's compromise proposal "softens many of the sharp edges" in the original Janek bill. “Considering the influence of the insurance industry at the Capitol, the current compromise may be the best result for victims and their families," Winslow added.

Texans for Lawsuit Reform President Richard Trabulsi Jr. agreed that Dewhurst, Janek and State Affairs Chairman Robert Duncan deserved high marks for the "time, talent and dedication" they invested in their work on the asbestos litigation measure. Trabulsi predicted that the Senate would eventually approve a bill that will become a model in the effort to crack down on asbestos lawsuit abuses. He said the asbestos legislation should be aimed at ensuring that "legitimate claimants are justly compensated, that the integrity of our civil justice is restored, and that thousands of jobs are preserved."

The move to restrict asbestos litigation in Texas stalled in the Senate in 2003 when a couple of Republicans joined forces with Democrats to block floor debate on the issue. State Senator Eddie Lucio Jr., a Brownsville Democrat who drew the wrath of Governor Rick Perry that year after reversing his field and siding with the opposition, cast a vote in favor of the compromise proposal in committee this time around.

The concerted attempt by both sides to negotiate a middle ground came in sharp contrast to the bitter war of words and partisan tension that marked the debate two years ago when the House took the lead on medical malpractice liability and other tort reform proposals. House Republicans that year had the votes to pass a constitutional amendment that came to be known as Proposition 12 without the need for significant tradeoffs and concessions. Democrats on the same side as trial lawyers were repeatedly turned back in attempts to modify the legislation in a debate that helped set the stage for partisan warfare throughout the rest of the regular session 2003 and three special sessions on congressional redistricting that year.

The lead Proposition 12 sponsor - Republican State Rep. Joe Nixon of Houston - will carry the asbestos bill after it wins Senate approval and moves to the House. State Senator Jane Nelson - the Senate sponsor of Prop. 12 - is a co-sponsor on SB 15.