| 1 | 1 | | 81R15517 AJA-F |
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| 2 | 2 | | By: Eiland, Herrero H.B. No. 4097 |
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| 3 | 3 | | Substitute the following for H.B. No. 4097: |
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| 4 | 4 | | By: Lewis C.S.H.B. No. 4097 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to transfer of cases by the judicial panel on |
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| 10 | 10 | | multidistrict litigation. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 74.162, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 74.162. TRANSFER OF CASES BY PANEL. Notwithstanding |
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| 15 | 15 | | any other law to the contrary, the judicial panel on multidistrict |
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| 16 | 16 | | litigation may transfer civil actions that are subject to Section |
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| 17 | 17 | | 82.007 or Chapter 90, Civil Practice and Remedies Code, and involve |
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| 18 | 18 | | [involving] one or more common questions of fact pending in the same |
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| 19 | 19 | | or different constitutional courts, county courts at law, probate |
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| 20 | 20 | | courts, or district courts to any district court for consolidated |
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| 21 | 21 | | or coordinated pretrial proceedings, including summary judgment or |
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| 22 | 22 | | other dispositive motions, but not for trial on the merits. A |
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| 23 | 23 | | transfer may be made by the judicial panel on multidistrict |
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| 24 | 24 | | litigation on its determination that the transfer will: |
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| 25 | 25 | | (1) be for the convenience of the parties and |
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| 26 | 26 | | witnesses; and |
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| 27 | 27 | | (2) promote the just and efficient conduct of the |
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| 28 | 28 | | actions. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies only |
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| 30 | 30 | | to an action commenced on or after the effective date of this Act. |
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| 31 | 31 | | An action that is commenced before the effective date of this Act is |
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| 32 | 32 | | governed by the law applicable to the action immediately before the |
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| 33 | 33 | | effective date of this Act, and that law is continued in effect for |
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| 34 | 34 | | that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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