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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of civil 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. Subject to Section |
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74.1625 and notwithstanding [Notwithstanding] any other law [to the
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contrary], the judicial panel on multidistrict litigation may |
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transfer civil actions involving one or more common questions of |
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fact pending in the same or different constitutional courts, county |
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courts at law, probate courts, or district courts to any district |
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court for consolidated or coordinated pretrial proceedings, |
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including summary judgment or other dispositive motions, but not |
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for trial on the merits. A transfer may be made by the judicial |
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panel on multidistrict litigation on its determination that the |
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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. Subchapter H, Chapter 74, Government Code, is |
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amended by adding Section 74.1625 to read as follows: |
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Sec. 74.1625. PROHIBITED TRANSFER OF CASES. |
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(a) Notwithstanding any other law, the judicial panel on |
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multidistrict litigation may not transfer: |
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(1) an action brought under Subchapter E, Chapter 17, |
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Business & Commerce Code, except an action specifically authorized |
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by Section 17.50 of that code; or |
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(2) an action brought under Chapter 36, Human |
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Resources Code. |
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(b) Notwithstanding Section 22.004, the supreme court may |
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not amend or adopt rules in conflict with this section. |
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SECTION 3. The changes in law made by this Act apply to an |
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action commenced on or after the effective date of this Act, or |
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pending on that date, and for which the trial, or any new trial or |
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retrial following a motion, appeal, or otherwise, begins on or |
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after that date. |
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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, 2019. |