S.B. No. 827
AN ACT
relating to the transfer of civil cases by the judicial panel on
multidistrict litigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.162, Government Code, is amended to
read as follows:
Sec. 74.162. TRANSFER OF CASES BY PANEL. Subject to Section
74.1625 and notwithstanding [Notwithstanding] any other law [to the
contrary], the judicial panel on multidistrict litigation may
transfer civil actions involving one or more common questions of
fact pending in the same or different constitutional courts, county
courts at law, probate courts, or district courts to any district
court for consolidated or coordinated pretrial proceedings,
including summary judgment or other dispositive motions, but not
for trial on the merits. A transfer may be made by the judicial
panel on multidistrict litigation on its determination that the
transfer will:
(1) be for the convenience of the parties and
witnesses; and
(2) promote the just and efficient conduct of the
actions.
SECTION 2. Subchapter H, Chapter 74, Government Code, is
amended by adding Section 74.1625 to read as follows:
Sec. 74.1625. PROHIBITED TRANSFER OF CASES.
(a) Notwithstanding any other law, the judicial panel on
multidistrict litigation may not transfer:
(1) an action brought under Subchapter E, Chapter 17,
Business & Commerce Code, except an action specifically authorized
by Section 17.50 of that code; or
(2) an action brought under Chapter 36, Human
Resources Code.
(b) Notwithstanding Section 22.004, the supreme court may
not amend or adopt rules in conflict with this section.
SECTION 3. The changes in law made by this Act apply to an
action commenced on or after the effective date of this Act, or
pending on that date, and for which the trial, or any new trial or
retrial following a motion, appeal, or otherwise, begins on or
after that date.
SECTION 4. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 827 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 827 passed the House on
May 16, 2019, by the following vote: Yeas 99, Nays 35, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor