| 1 | 1 | | 86R11738 YDB-F |
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| 2 | 2 | | By: Smithee H.B. No. 2083 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of civil cases by the judicial panel on |
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| 8 | 8 | | multidistrict litigation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 74.162, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 74.162. TRANSFER OF CASES BY PANEL. Subject to Section |
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| 13 | 13 | | 74.1625 and notwithstanding [Notwithstanding] any other law [to the |
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| 14 | 14 | | contrary], the judicial panel on multidistrict litigation may |
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| 15 | 15 | | transfer civil actions involving one or more common questions of |
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| 16 | 16 | | fact pending in the same or different constitutional courts, county |
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| 17 | 17 | | courts at law, probate courts, or district courts to any district |
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| 18 | 18 | | court for consolidated or coordinated pretrial proceedings, |
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| 19 | 19 | | including summary judgment or other dispositive motions, but not |
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| 20 | 20 | | for trial on the merits. A transfer may be made by the judicial |
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| 21 | 21 | | panel on multidistrict litigation on its determination that the |
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| 22 | 22 | | transfer will: |
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| 23 | 23 | | (1) be for the convenience of the parties and |
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| 24 | 24 | | witnesses; and |
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| 25 | 25 | | (2) promote the just and efficient conduct of the |
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| 26 | 26 | | actions. |
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| 27 | 27 | | SECTION 2. Subchapter H, Chapter 74, Government Code, is |
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| 28 | 28 | | amended by adding Section 74.1625 to read as follows: |
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| 29 | 29 | | Sec. 74.1625. PROHIBITED TRANSFER OF CASES. |
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| 30 | 30 | | (a) Notwithstanding any other law, the judicial panel on |
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| 31 | 31 | | multidistrict litigation may not transfer: |
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| 32 | 32 | | (1) an action brought under Subchapter E, Chapter 17, |
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| 33 | 33 | | Business & Commerce Code, except an action specifically authorized |
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| 34 | 34 | | by Section 17.50 of that code; or |
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| 35 | 35 | | (2) an action brought under Chapter 36, Human |
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| 36 | 36 | | Resources Code. |
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| 37 | 37 | | (b) Notwithstanding Section 22.004, the supreme court may |
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| 38 | 38 | | not amend or adopt rules in conflict with this section. |
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| 39 | 39 | | SECTION 3. The changes in law made by this Act apply to an |
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| 40 | 40 | | action commenced on or after the effective date of this Act, or |
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| 41 | 41 | | pending on that date, and for which the trial, or any new trial or |
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| 42 | 42 | | retrial following a motion, appeal, or otherwise, begins on or |
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| 43 | 43 | | after that date. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2019. |
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