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.