Texas Senate Bill SB2160

Texas 2009 - 81st Regular

Caption

Relating to multidistrict litigation.

Impact

The bill would significantly impact Texas legal procedures by promoting the efficient handling of civil actions that can involve multiple jurisdictions. By consolidating pretrial activities, the legislation is aimed at reducing the complexities and burdens associated with managing numerous related cases in different courts. This could lead to quicker resolutions for litigants and a more organized approach to handling extensive litigation that crosses jurisdictional lines. Importantly, the law only applies to actions commenced after its effective date, ensuring that existing cases remain governed by prior statutes.

Summary

Senate Bill 2160 focuses on the provisions surrounding multidistrict litigation (MDL) in Texas. The bill aims to streamline the process for transferring civil actions that share common questions of fact across different courts in Texas. With a particular emphasis on cases involving Chapters 90 and 82.007 of the Civil Practices and Remedies Code, SB2160 enables a judicial panel to transfer such cases to any district court for coordinated pretrial proceedings. This includes enabling summary judgment or other dispositive motions, while explicitly prohibiting transfers for trial on the merits.

Contention

While the bill seeks to enhance the efficiency of the Texas judicial system, there could be concerns regarding the balance of jurisdictional authority and the rights of parties involved in litigation. Proponents argue that the bill will alleviate cumbersome processes tied to handling similar cases in disparate courts, ensuring a more focused legal determination. In contrast, there could be apprehensions about the implications for local courts and their authority, as the power to consolidate cases for pretrial proceedings shifts to a designated judicial panel.