81R15988 T
By: Gutierrez H.B. No. 4167
A BILL TO BE ENTITLED
AN ACT
relating to a non-manufacturing seller proving that a manufacturer
is not subject to the jurisdiction of the court for purposes of
products liability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.003, Civil Practice and Remedies
Code, is amended by adding subsection (c) to read as follows:
(c) If after service through the Secretary of State in the
manner prescribed by Chapter 17, Subchapter C the manufacturer
fails to answer or otherwise make an appearance in the time required
by law, it is conclusively presumed for the purposes of subsection
(a)(7)(b) that the manufacturer is not subject to the jurisdiction
of the court unless the seller is able to secure personal
jurisdiction of the manufacturer in the case.
SECTION 2. The change in law made by this Act applies to a
cause of action that is currently pending as well as a cause of
action that accrues on or after the effective date of this Act.
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.