| 1 | 1 | | 81R16051 AJA-F |
|---|
| 2 | 2 | | By: Gutierrez, Leibowitz H.B. No. 4167 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 4167: |
|---|
| 4 | 4 | | By: Hughes C.S.H.B. No. 4167 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the jurisdiction of the court over a nonresident |
|---|
| 10 | 10 | | manufacturer in a products liability action involving a |
|---|
| 11 | 11 | | nonmanufacturing seller. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 82.003, Civil Practice and Remedies |
|---|
| 14 | 14 | | Code, is amended by adding Subsection (c) to read as follows: |
|---|
| 15 | 15 | | (c) If after service on a nonresident manufacturer through |
|---|
| 16 | 16 | | the secretary of state in the manner prescribed by Subchapter C, |
|---|
| 17 | 17 | | Chapter 17, the manufacturer fails to answer or otherwise make an |
|---|
| 18 | 18 | | appearance in the time required by law, it is conclusively presumed |
|---|
| 19 | 19 | | for the purposes of Subsection (a)(7)(B) that the manufacturer is |
|---|
| 20 | 20 | | not subject to the jurisdiction of the court unless the seller is |
|---|
| 21 | 21 | | able to secure personal jurisdiction over the manufacturer in the |
|---|
| 22 | 22 | | action. |
|---|
| 23 | 23 | | SECTION 2. The change in law made by this Act applies to an |
|---|
| 24 | 24 | | action filed on or after the effective date of this Act or pending |
|---|
| 25 | 25 | | on the effective date of this Act. |
|---|
| 26 | 26 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 30 | 30 | | Act takes effect September 1, 2009. |
|---|