81R16051 AJA-F
By: Gutierrez, Leibowitz H.B. No. 4167
Substitute the following for H.B. No. 4167:
By: Hughes C.S.H.B. No. 4167
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the court over a nonresident
manufacturer in a products liability action involving a
nonmanufacturing seller.
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 on a nonresident manufacturer through
the secretary of state in the manner prescribed by Subchapter C,
Chapter 17, 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 over the manufacturer in the
action.
SECTION 2. The change in law made by this Act applies to an
action filed on or after the effective date of this Act or pending
on 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.