79R14925 AJA-F


By:  Hughes                                                       H.B. No. 3415

Substitute the following for H.B. No. 3415:                                   

By:  Hughes                                                   C.S.H.B. No. 3415



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of asbestos-related claims by the judicial 
panel on multidistrict litigation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  (a)  An interim committee is created to study the 
transfer of asbestos-related claims by the judicial panel on 
multidistrict litigation.
	(b)  The committee consists of six members, of whom:                           
		(1)  three shall be appointed by the lieutenant 
governor from the members of the Senate Committee on Jurisprudence; 
and
		(2)  three shall be appointed by the speaker of the 
house of representatives from the members of the House Judiciary 
Committee.
	(c)  The presiding officers appointing the members of the 
committee shall each appoint a presiding officer from among the 
members appointed to the committee.
	(d)  The committee shall convene at the call of the two 
presiding officers.  
	(e)  The committee shall:                                                      
		(1)  study:                                                                   
			(A)  the transfer under Subchapter H, Chapter 74, 
Government Code, of civil actions involving asbestos-related 
claims; and
			(B)  the use of consolidated or coordinated 
pretrial proceedings under that subchapter for claims for malignant 
and nonmalignant asbestos-related injuries; and
		(2)  make recommendations regarding the appropriate 
handling of pretrial proceedings for those actions and claims.
	(f)  In addition to any other issue the committee considers 
appropriate, the committee may consider:
		(1)  whether the consolidation or coordination of 
pretrial proceedings for actions and claims described in Subsection 
(e) of this section in one or more than one district court is 
appropriate;
		(2)  whether pretrial proceedings for different types 
of actions and claims described in Subsection (e) of this section 
are appropriately consolidated or coordinated separately for other 
types of those actions and claims; and
		(3)  whether pretrial proceedings for certain types of 
actions and claims described in Subsection (e) of this section are 
appropriately handled by consolidation or coordination under 
Subchapter H, Chapter 74, Government Code, or by another method.
	(g)  Not later than February 1, 2007, the committee shall 
report the committee's findings and recommendations to the 
lieutenant governor, the speaker of the house of representatives, 
and the members of the 80th Legislature.
	(h)  Not later than the 15th day after the effective date of 
this Act, the lieutenant governor and the speaker of the house of 
representatives shall appoint the members of the interim committee 
created under this section.
	SECTION 2.  This Act takes effect September 1, 2005.