By Gray H.B. No. 2032
75R8083 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice in certain civil proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Amended Chapter 30, Civil Practice and Remedies
1-5 Code, by adding a new section to read as follows:
1-6 Sec. 30.008. NOTICE. (a) In an action between a dealer and
1-7 manufacturer described in Chapter 31, Parks and Wildlife Code, in
1-8 order to sustain the discontinuance or nonrenewal of a wholesale
1-9 supply agreement, the party discontinuing or not renewing the
1-10 wholesale supply agreement must show that prior to the
1-11 discontinuance or nonrenewal:
1-12 (i) the party to be discontinued or nonrenewed was
1-13 given initial written notice setting forth specific grounds for the
1-14 discontinuance or nonrenewal;
1-15 (ii) the party to be discontinued or nonrenewed was
1-16 given an opportunity to exert good faith efforts to cure the
1-17 grounds listed in the notice for 60 days following receipt of the
1-18 notice described in Subdivision (i);
1-19 (iii) the parties negotiated in good faith during a
1-20 period of 60 days following the period provided in Subdivision
1-21 (ii); and
1-22 (iv) the party to be discontinued or nonrenewed was
1-23 then given final written notice that the causes have not been cured
1-24 by subsequent actions and that the agreement will be discontinued
2-1 or nonrenewed on a date not less than 90 days after the receipt of
2-2 the notice. The notice must be sent by registered or certified
2-3 mail.
2-4 (b) This section prevails over any language or provision in
2-5 the wholesale supply agreement which does not provide at least the
2-6 same notice periods for discontinuance or nonrenewal.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.