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.