By Duncan H.B. No. 2450
74R7237 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of multicounty civil suits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 15, Civil Practice and Remedies Code, is
1-5 amended by adding Subchapter F to read as follows:
1-6 SUBCHAPTER F. TRANSFER OF MULTICOUNTY CASES
1-7 Sec. 15.121. DEFINITION. In this subchapter, "panel" means
1-8 the judicial panel on multicounty litigation.
1-9 Sec. 15.122. TRANSFER AUTHORIZED FOR COORDINATED AND
1-10 CONSOLIDATED PRETRIAL PROCEEDINGS. (a) The judicial panel on
1-11 multicounty litigation may transfer one or more civil actions to
1-12 another county for coordinated or consolidated pretrial proceedings
1-13 as provided by this subchapter.
1-14 (b) The panel may not transfer an action under this section
1-15 unless:
1-16 (1) the action involves a question of fact common to
1-17 another action pending in the county to which the action is to be
1-18 transferred; and
1-19 (2) the panel finds that transfer of the action would
1-20 be for the convenience of the parties and witnesses and would
1-21 promote the just and efficient conduct of the action.
1-22 Sec. 15.123. TRANSFER FOR TRIAL; CONSOLIDATION ON AGREEMENT
1-23 OF PARTIES. The panel may transfer as provided by this subchapter
1-24 an action for trial to another county in which the venue is proper
2-1 venue for the convenience of the parties and witnesses and in the
2-2 interest of justice. The panel may consolidate one or more actions
2-3 for trial only if all the parties to the actions agree to the
2-4 consolidation.
2-5 Sec. 15.124. TRANSFER PROCEEDINGS; HEARING. (a) A party to
2-6 an action may file a motion with the panel requesting transfer
2-7 under this subchapter. The party must file a copy of the motion in
2-8 the court in which the action to be transferred is pending.
2-9 (b) The panel shall hold a hearing to determine whether to
2-10 order the transfer of the action.
2-11 (c) The panel shall notify each party in each action that
2-12 may be affected by the transfer that the panel has received a
2-13 motion to transfer an action under this subchapter. The notice
2-14 must state the time and place of the hearing.
2-15 (d) A party to an action that may be affected by the
2-16 transfer may offer evidence relevant to whether the transfer should
2-17 be made.
2-18 (e) The panel's order must be supported by findings of fact
2-19 and conclusions of law based on the record of the hearing.
2-20 Sec. 15.125. FILING OF ORDER. (a) The panel's order
2-21 transferring an action is effective at the time it is filed in the
2-22 office of the clerk of the court to which the action is being
2-23 transferred.
2-24 (b) The clerk of the court shall, not later than the fifth
2-25 day after the date the order is filed, transmit a certified copy of
2-26 the panel's order to each court from which an action is being
2-27 transferred.
3-1 (c) The panel shall file an order of the panel denying a
3-2 motion to transfer an action in the court in which the action is
3-3 pending.
3-4 (d) The panel shall file a copy of any order of the panel,
3-5 including an order to set a hearing, in the office of the clerk of
3-6 the court in which a transfer hearing is to be or has been held.
3-7 Sec. 15.126. JUDGE FOR COORDINATED OR CONSOLIDATED PRETRIAL
3-8 PROCEEDINGS. The panel shall assign one or more judges of the
3-9 appropriate court in the county in which coordinated or
3-10 consolidated pretrial proceedings are to be conducted to conduct
3-11 the proceedings.
3-12 Sec. 15.127. REMAND TO ORIGINATING COUNTY. (a) The panel
3-13 shall remand an action transferred under Section 15.122 to the
3-14 county in which it originated not later than the conclusion of the
3-15 pretrial proceedings.
3-16 (b) The panel may separate a claim, cross-claim,
3-17 counterclaim, or third-party claim from the action and remand that
3-18 claim to the originating county before remanding the remainder of
3-19 the action.
3-20 (c) The panel may not remand an action or claim to the
3-21 originating county after the claim has been settled or otherwise
3-22 terminated.
3-23 Sec. 15.128. REVIEW OF ORDER OF PANEL. (a) Review of an
3-24 order of the panel is by extraordinary writ.
3-25 (b) A petition for writ initially filed in a court of
3-26 appeals to review an order transferring an action, and any
3-27 subsequent order of the panel relating to that action, must be
4-1 filed in the court of appeals that would have jurisdiction of an
4-2 appeal from the court to which the action is to be transferred.
4-3 (c) A petition for a writ initially filed in a court of
4-4 appeals to review an order of the panel other than an order
4-5 described by Subsection (b) must be filed in the court with
4-6 jurisdiction over the district in which the panel is sitting.
4-7 Sec. 15.129. MANDAMUS. The supreme court, a court of
4-8 appeals, or a justice of the supreme court or a court of appeals
4-9 may issue a writ of mandamus against the panel and may issue other
4-10 writs against the panel as necessary.
4-11 Sec. 15.130. JUDICIAL PANEL ON MULTICOUNTY LITIGATION. (a)
4-12 The judicial panel on multicounty litigation is appointed by the
4-13 supreme court and is composed of seven justices and judges selected
4-14 from the courts of appeals and district courts of this state. The
4-15 panel may not include more than two individuals from any court of
4-16 appeals district.
4-17 (b) The members of the panel serve staggered six-year terms
4-18 expiring February 1 of odd-numbered years.
4-19 (c) The supreme court shall fill any vacancy on the panel,
4-20 including a vacancy caused by a judge on the panel leaving office.
4-21 (d) The concurrence of at least four members of the panel is
4-22 required for any action of the panel.
4-23 (e) A member of the panel may not receive compensation for
4-24 serving as a member of the panel. The supreme court may reimburse
4-25 a member of the panel for expenses actually incurred by the member
4-26 in performing the member's duties.
4-27 Sec. 15.131. RULES. The supreme court may adopt rules
5-1 governing the operation of the panel as provided by Section 22.004,
5-2 Government Code.
5-3 SECTION 2. This Act applies only to a suit filed on or after
5-4 the effective date of this Act. A suit filed before the effective
5-5 date of this Act is governed by the law applicable to the suit
5-6 immediately before the effective date of this Act, and that law is
5-7 continued in effect for that purpose.
5-8 SECTION 3. In making the initial appointments to the
5-9 judicial panel on multicounty litigation, the supreme court shall
5-10 appoint three members for terms expiring February 1, 1997, three
5-11 members for terms expiring February 1, 1999, and three members for
5-12 terms expiring February 1, 2001.
5-13 SECTION 4. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended,
5-18 and that this Act take effect and be in force from and after its
5-19 passage, and it is so enacted.