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A BILL TO BE ENTITLED
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AN ACT
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relating to a non-manufacturing seller proving that a manufacturer |
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is not subject to the jurisdiction of the court for purposes of |
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products liability. |
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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 through the Secretary of State in the |
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manner prescribed by Chapter 17, Subchapter C the manufacturer |
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fails to answer or otherwise make an appearance in the time required |
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by law, it is conclusively presumed for the purposes of subsection |
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(a)(7)(b) that the manufacturer is not subject to the jurisdiction |
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of the court unless the seller is able to secure personal |
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jurisdiction of the manufacturer in the case. |
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SECTION 2. The change in law made by this Act applies to a |
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cause of action that is currently pending as well as a cause of |
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action that accrues on or after 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. |