81R15517 AJA-F
By: Eiland, Herrero H.B. No. 4097
Substitute the following for H.B. No. 4097:
By: Lewis C.S.H.B. No. 4097
A BILL TO BE ENTITLED
AN ACT
relating to transfer of cases by the judicial panel on
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 that are subject to Section
82.007 or Chapter 90, Civil Practice and Remedies Code, and involve
[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. The change in law made by 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.