By: Eiland H.B. No. 4097
A BILL TO BE ENTITLED
AN ACT
relating to multidistrict litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.162, Government Code, is amended to
read as follows:
Sec. 74.162. TRANSFER OF CASES BY PANEL. Notwithstanding
any other law to the contrary, the judicial panel on multidistrict
litigation may transfer civil actions under Chapter 90 and Chapter
82.007, Civil Practices and Remedies Code, involving one or more
common questions of fact pending in the same or different
constitutional courts, county courts at law, probate courts, or
district courts to any district court for consolidated or
coordinated pretrial proceedings, including summary judgment or
other dispositive motions, but not for trial on the merits. A
transfer may be made by the judicial panel on multidistrict
litigation on its determination that the transfer will:
(1) be for the convenience of the parties and
witnesses; and
(2) promote the just and efficient conduct of the
actions.
SECTION 2. This Act applies only to an action commenced on
or after the effective date of this Act. An action that is
commenced before the effective date of this Act is governed by the
law applicable to the action immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.