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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of and actions transferred by the |
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judicial panel on multidistrict litigation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.161(a), Government Code, is amended |
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to read as follows: |
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(a) The judicial panel on multidistrict litigation consists |
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of five members designated from time to time by the [chief justice |
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of the] supreme court. The members of the panel must be active, |
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former, or retired court of appeals justices or active |
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administrative judges. |
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SECTION 2. 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 any other law, the judicial panel on |
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multidistrict litigation may transfer civil actions involving one |
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or more common questions of law or fact pending in the same or |
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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 3. Section 74.1625(a), Government Code, is amended |
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to read as follows: |
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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 by the consumer protection |
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division of the attorney general's office under Subchapter E, |
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Chapter 17, Business & Commerce Code[, except an action |
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specifically authorized 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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SECTION 4. The changes in law made by this Act apply only to |
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an action commenced on or after the effective date of this Act. An |
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action commenced before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 5. 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, 2021. |