Asbestos litigation is out of control across the nation, and the situation is particularly bad in Texas.

Advocates for reform estimate that 40 percent of U.S. asbestos cases are filed in Texas.

Many of the lawsuits are brought by people who were exposed to asbestos but have no health problems as a result.

Aggressive lawyers provide X-rays for those who have been exposed and then rush cases to court, even for clients who are healthy. As a result, those who actually suffer asbestos-related illness are getting smaller settlements because they frequently have to share the proceeds as lawyers bundle real cases with bogus claims.

A worker who accepts a settlement for exposure already has cashed in his chips if he suffers actual physical impairment later.

Meanwhile, the onslaught of asbestos litigation drives vulnerable companies out of business.

In August, the Wall Street Journal reported on a Johns Hopkins University study that examined the X-rays of 492 people who had been exposed to asbestos. While litigants' X-ray technicians found signs of exposure in 95.9 percent of the cases, the university's independent examination found signs of exposure in only 4.5 percent, the newspaper reported.

Texas lawmakers attempted to address the issue last year but were unable to pass the reform legislation. The effort will be renewed when the Legislature convenes in January.

While the specifics have yet to emerge, several basic changes in state law touted by Texans for Lawsuit Reform would address the problem.

First and foremost, asbestos plaintiffs should meet criteria the American Bar Association has established for physical damage and impairment. If they don't meet this objective standard, they wouldn't be allowed to file a lawsuit.

Additionally, victims currently face a two-year statute of limitation once they test positive. The statute of limitation would be dropped under the TLR proposal.
All pending asbestos suits involving plaintiffs without actual impairment would be dismissed. Cases involving plaintiffs who meet the ABA criteria would remain in effect. Cases no longer could be bundled unless the plaintiffs have similar levels of impairment.

Hammering out the details will be contentious when lawmakers return again to the task, but these common-sense measures would go a long way toward ending the most scandalous abuse of the state's civil justice system.