Union Carbide Corp. v. Synatzske

I join Justioe Boyd in concluding that Chapter 90’s safety valve provision does not require a plaintiff to produce a pulmonary function test showing impairment. However, because the Court arrives at the opposite holding, I write separately to consider whether the application of Chapter 90 as construed and applied here violates the Texas Constitution’s prohibition on retroactive laws. Tex. Const, art. I, § 16.

“A retroactive statute is one which gives to preenactment conduct a different legal effect from that which it would have had without the passage of the statute.” Charles B. Hochman, The…