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.