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A BILL TO BE ENTITLED
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AN ACT
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relating to multidistrict litigation proceedings in cases |
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involving claims for asbestos-related or silica-related injuries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 90.001, Civil Practice and Remedies |
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Code, is amended by adding Subdivision (11-A) to read as follows: |
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(11-A) "MDL panel" means the judicial panel on |
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multidistrict litigation designated under Section 74.161, |
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Government Code. |
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SECTION 2. Section 90.010, Civil Practice and Remedies |
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Code, is amended by amending Subsection (c) and adding Subsection |
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(l) to read as follows: |
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(c) In an action transferred to an MDL pretrial court in |
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which the exposed person is living and has been diagnosed with |
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malignant mesothelioma, other malignant asbestos-related cancer, |
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malignant silica-related cancer, or acute silicosis, the MDL |
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pretrial court shall expedite the action in a manner calculated to |
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provide the exposed person with a trial or other disposition in the |
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shortest period that is fair to all parties and consistent with the |
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principles of due process. The MDL pretrial court should, as far as |
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reasonably possible, ensure that such action is brought to trial or |
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final disposition within six months from the date the action is |
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transferred to the MDL pretrial court, provided that all discovery |
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and case management requirements of the MDL pretrial court have |
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been satisfied. The MDL panel, at the request of the MDL pretrial |
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court, may issue a writ of mandamus to the trial court requiring the |
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trial court to set a trial date for the action. |
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(l) An MDL pretrial court judge having jurisdiction over |
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cases to which this chapter applies shall receive, in addition to |
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all other compensation, expenses, and perquisites authorized by |
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law, the maximum amount of compensation set by the Texas Judicial |
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Council for a presiding judge under Section 74.051(b), Government |
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Code. The annual amount must be apportioned over 12 equal monthly |
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payments and be paid to the judge by the Texas Judicial Council for |
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each month during which the judge retains jurisdiction over the |
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cases to which this chapter applies. |
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SECTION 3. (a) This Act applies to an action transferred to |
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an MDL trial court, as that term is defined by Section 90.001, Civil |
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Practice and Remedies Code, without regard to whether the action |
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was transferred before, on, or after the effective date of this Act. |
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(b) The compensation authorized by Section 90.010(l), Civil |
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Practice and Remedies Code, as added by this Act, for each month |
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that a judge has jurisdiction over cases under Chapter 90, Civil |
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Practice and Remedies Code, applies only to a month that begins on |
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or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |