|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority and salary of a district judge presiding |
|
|
over multidistrict litigation proceedings in cases involving |
|
|
claims for asbestos-related or silica-related injuries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 23.101, Government Code, is amended by |
|
|
adding Subsections (c) and (d) to read as follows: |
|
|
(c) A district judge who presides over multidistrict |
|
|
litigation involving claims for asbestos-related or silica-related |
|
|
injuries shall confer with a trial court regarding trial settings |
|
|
or other matters regarding remand. The trial court shall cooperate |
|
|
with the multidistrict litigation court and shall not continue or |
|
|
postpone a trial setting without the concurrence of the |
|
|
multidistrict litigation court. |
|
|
(d) A district court judge who presides over multidistrict |
|
|
litigation involving claims for asbestos-related or silica-related |
|
|
injuries is a party in interest for the limited purpose of |
|
|
requesting mandamus enforcement of the priority in setting hearings |
|
|
and trials under Subsection (a)(7). |
|
|
SECTION 2. Chapter 74, Government Code, is amended by |
|
|
adding Subchapter I to read as follows: |
|
|
SUBCHAPTER I. JUDGE PRESIDING OVER MULTIDISTRICT LITIGATION |
|
|
Sec. 74.201. STAFF. A district judge who presides over |
|
|
multidistrict litigation involving claims for asbestos-related or |
|
|
silica-related injuries may appoint one briefing attorney and not |
|
|
more than three clerks to assist the judge. |
|
|
SECTION 3. Subchapter B, Chapter 659, Government Code, is |
|
|
amended by adding Section 659.0125 to read as follows: |
|
|
Sec. 659.0125. SALARY FOR DISTRICT JUDGE PRESIDING OVER |
|
|
MULTIDISTRICT LITIGATION. (a) Notwithstanding Section 659.012 or |
|
|
any other law, a district judge who presides over multidistrict |
|
|
litigation involving claims for asbestos-related or silica-related |
|
|
injuries is entitled to receive, in addition to all other |
|
|
compensation, expenses, and perquisites authorized by law, the |
|
|
maximum amount of compensation set by the Texas Judicial Council |
|
|
for a presiding judge under Section 74.051(b). The annual amount |
|
|
must be apportioned over 12 equal monthly payments and be paid to |
|
|
the judge by the Texas Judicial Council for each month during which |
|
|
the judge retains jurisdiction over the claims. |
|
|
(b) Notwithstanding any other law, supplemental |
|
|
compensation paid to a district judge under this section is not |
|
|
included as part of the district judge's total annual salary for the |
|
|
purpose of computing another salary that is based on the salary of |
|
|
the district judge. |
|
|
SECTION 4. The compensation authorized by Section 659.0125, |
|
|
Government Code, as added by this Act, applies only to a month that |
|
|
begins on or after the effective date of this Act. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |