79R7678 AJA-D

By:  Hughes                                                       H.B. No. 3415



A BILL TO BE ENTITLED

AN ACT

relating to transfer of certain cases by the judicial panel on 
multidistrict litigation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter H, Chapter 74, Government Code, is 
amended by adding Section 74.1615 to read as follows:
	Sec. 74.1615.  APPLICABILITY OF SUBCHAPTER.  (a)  Except as 
provided by Subsection (c), the judicial panel on multidistrict 
litigation may not transfer under this subchapter an action for 
personal injury resulting from an asbestos-related injury if:
		(1)  the claim is based wholly or partly on an 
allegation that the claimant developed malignant mesothelioma;
		(2)  on or before the 30th day after the date on which 
the claim is filed, the claimant submits documentary evidence that 
the claimant has been diagnosed with malignant mesothelioma by a 
physician; and
		(3)  the claimant is living.                                           
	(b)  The panel may not transfer an action based on a claim 
described by Subsection (a)(1) before the 31st day after the date on 
which the claim is filed.
	(c)  Notwithstanding Subsection (b), if the claimant dies 
before the trial on the merits commences, the action, including any 
additional claim based on the claimant's death from an 
asbestos-related injury, may be transferred under this subchapter.
	SECTION 2.  The change in law made by this Act applies to an 
action filed on or after the effective date of this Act and to an 
action pending on the effective date of this Act that has not been 
transferred under Subchapter H, Chapter 74, Government Code, before 
the effective date of this Act or, if transferred under that 
subchapter before the effective date of this Act, in which 
consolidated or coordinated pretrial proceedings under that 
subchapter have not commenced before the effective date of this 
Act.  An action transferred under Subchapter H, Chapter 74, 
Government Code, before the effective date of this Act in which 
pretrial proceedings under that subchapter have commenced before 
the effective date of this Act is governed by the law in effect 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.