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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of the court over a nonresident |
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manufacturer in a products liability action involving a |
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nonmanufacturing seller. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.003, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c) to read as follows: |
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(c) If after service on a nonresident manufacturer through |
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the secretary of state in the manner prescribed by Subchapter C, |
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Chapter 17, the manufacturer fails to answer or otherwise make an |
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appearance in the time required by law, it is conclusively presumed |
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for the purposes of Subsection (a)(7)(B) that the manufacturer is |
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not subject to the jurisdiction of the court unless the seller is |
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able to secure personal jurisdiction over the manufacturer in the |
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action. |
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SECTION 2. The change in law made by this Act applies to an |
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action filed on or after the effective date of this Act or pending |
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on the effective date of this Act. |
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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. |