Texas Civil Practice and Remedies Code § 90.001. Definitions

In this chapter:

(1) “Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered.

(2) “Asbestos-related injury” means personal injury or death allegedly caused, in whole or in part, by inhalation or ingestion of asbestos.

(3) “Asbestosis” means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers.

(4) “Certified B-reader” means a person who has successfully completed the x-ray interpretation course sponsored by the National Institute for Occupational Safety and Health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this chapter.

(5) “Chest x-ray” means chest films that are taken in accordance with all applicable state and federal regulatory standards and in the posterior-anterior view.

(6) “Claimant” means an exposed person and any person who is seeking recovery of damages for or arising from the injury or death of an exposed person.

(7) “Defendant” means a person against whom a claim arising from an asbestos-related injury or a silica-related injury is made.

(8) “Exposed person” means a person who is alleged to have suffered an asbestos-related injury or a silica-related injury.

(9) “FEV1” means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests.

(10) “FVC” means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration.

(11) “ILO system of classification” means the radiological rating system of the International Labor Office in “Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses” (2000), as amended.

(12) “MDL pretrial court” means the district court to which related cases are transferred for consolidated or coordinated pretrial proceedings under Rule 13, Texas Rules of Judicial Administration.

(13) “MDL rules” means the rules adopted by the supreme court under Subchapter H, Chapter 74, Government Code.  1

(14) “Mesothelioma” means a rare form of cancer allegedly caused in some instances by exposure to asbestos in which the cancer invades cells in the membrane lining:

(A) the lungs and chest cavity (the pleural region);

(B) the abdominal cavity (the peritoneal region);  or

(C) the heart (the pericardial region).

(15) “Nonmalignant asbestos-related injury” means an asbestos-related injury other than mesothelioma or other cancer.

(16) “Nonmalignant silica-related injury” means a silica-related injury other than cancer.

(17) “Physician board certified in internal medicine” means a physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine.

(18) “Physician board certified in occupational medicine” means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine.

(19) “Physician board certified in oncology” means a physician who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine.

(20) “Physician board certified in pathology” means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Internal Medicine and whose professional practice:

(A) is principally in the field of pathology;  and

(B) involves regular evaluation of pathology materials obtained from surgical or postmortem specimens.

(21) “Physician board certified in pulmonary medicine” means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine.

(22) “Plethysmography” means the test for determining lung volume, also known as “body plethysmography,” in which the subject of the test is enclosed in a chamber that is equipped to measure pressure, flow, or volume change.

(23) “Pulmonary function testing” means spirometry, lung volume, and diffusion capacity testing performed in accordance with Section 90.002 using equipment, methods of calibration, and techniques that meet:

(A) the criteria incorporated in the American Medical Association Guides to the Evaluation of Permanent Impairment and reported in 20 C.F.R. Part 404, Subpart P, Appendix 1 , Part (A), Sections 3.00(E) and (F)(2003);  and

(B) the interpretative standards in the Official Statement of the American Thoracic Society entitled “Lung Function Testing:  Selection of Reference Values and Interpretative Strategies,” as published in 144 American Review of Respiratory Disease 1202-1218 (1991).

(24) “Report” means a report required by Section 90.003 , 90.004 , or 90.010(f)(1) .

(25) “Respirable,” with respect to silica, means particles that are less than 10 microns in diameter.

(26) “Serve” means to serve notice on a party in compliance with Rule 21a, Texas Rules of Civil Procedure .

(27) “Silica” means a respirable form of crystalline silicon dioxide, including alpha quartz, cristobalite, and tridymite.

(28) “Silica-related injury” means personal injury or death allegedly caused, in whole or in part, by inhalation of silica.

(29) “Silicosis” means interstitial fibrosis of the lungs caused by inhalation of silica, including:

(A) acute silicosis, which may occur after exposure to very high levels of silica within a period of months to five years after the initial exposure;

(B) accelerated silicosis;  and

(C) chronic silicosis.

1 V.T.C.A., Government Code § 74.161 et seq.

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