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A BILL TO BE ENTITLED
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AN ACT
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relating to 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 under Chapter 90 and Chapter |
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82.007, Civil Practices and Remedies Code, involving one or more |
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common questions of fact pending in the same or different |
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constitutional courts, county courts at law, probate courts, or |
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district courts to any district court for consolidated or |
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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. This Act applies only to an action commenced on |
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or after the effective date of this Act. An action that is |
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commenced before the effective date of this Act is governed by the |
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law applicable to the action immediately before the effective date |
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of this Act, and that law is continued in effect for 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. |