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A BILL TO BE ENTITLED
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AN ACT
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relating to transfer of cases by the judicial panel on |
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multidistrict litigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.162, Government Code, is amended to |
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read as follows: |
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Sec. 74.162. TRANSFER OF CASES BY PANEL. Notwithstanding |
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any other law to the contrary, the judicial panel on multidistrict |
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litigation may transfer civil actions that are subject to Section |
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82.007 or Chapter 90, Civil Practice and Remedies Code, and involve |
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[involving] one or more common questions of fact pending in the same |
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or different constitutional courts, county courts at law, probate |
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courts, or district courts to any district court for consolidated |
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or coordinated pretrial proceedings, including summary judgment or |
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other dispositive motions, but not for trial on the merits. A |
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transfer may be made by the judicial panel on multidistrict |
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litigation on its determination that the transfer will: |
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(1) be for the convenience of the parties and |
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witnesses; and |
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(2) promote the just and efficient conduct of the |
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actions. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action that is commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. 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, 2009. |