Texas House Bill HB4167

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09

Caption

Relating to the jurisdiction of the court over a nonresident manufacturer in a products liability action involving a nonmanufacturing seller.

Impact

This legislation could significantly impact state law by altering the legal landscape concerning products liability disputes. If enacted, the amendments would create a presumption that a manufacturer is not subject to jurisdiction if they fail to respond to court summons as mandated. This measure intends to lessen the burden on non-manufacturing sellers, who may otherwise be held liable in lawsuits despite their lack of control over the manufacturing processes of the goods sold. It could encourage businesses to operate in Texas by providing more predictable legal parameters for liability.

Summary

House Bill 4167 introduces amendments to the Texas Civil Practice and Remedies Code, specifically addressing the jurisdiction of courts over nonresident manufacturers in products liability actions involving non-manufacturing sellers. The bill aims to clarify conditions under which a non-manufacturing seller may prove that a manufacturer is not subject to the jurisdiction of Texas courts in such legal cases. The proposed changes seek to create greater protections for sellers by simplifying the legal requirements they must meet to assert this jurisdictional defense successfully.

Contention

Although the bill appears to also serve the interests of non-manufacturing sellers, it may generate contention among consumer protection advocates. Critics might argue that easing the jurisdictional requirements for manufacturers could disadvantage consumers seeking restitution in products liability claims. By creating a presumption against jurisdiction, opponents could argue that this legislation may make it more difficult for injured consumers to hold manufacturers accountable, potentially leading to fewer successful product liability claims.

Final_points

Overall, HB4167 represents a notable shift toward protecting non-manufacturing sellers at the potential cost of consumer rights in products liability cases. The bill's supporters assert that it provides a necessary safeguard for businesses operating within the complexities of product distribution, while critics advocate for a balanced approach that does not compromise consumer protection. The eventual passage of this bill will ultimately hinge on the legislative discussions and considerations surrounding these competing interests.