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AN ACT
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relating to the authority and salary of a district judge presiding |
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over multidistrict litigation proceedings in cases involving |
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claims for asbestos-related or silica-related injuries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 23.101, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) A district judge who presides over multidistrict |
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litigation involving claims for asbestos-related or silica-related |
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injuries shall confer with a trial court regarding trial settings |
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or other matters regarding remand. The trial court shall cooperate |
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with the multidistrict litigation court and shall not continue or |
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postpone a trial setting without the concurrence of the |
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multidistrict litigation court. |
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(d) A district court judge who presides over multidistrict |
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litigation involving claims for asbestos-related or silica-related |
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injuries is a party in interest for the limited purpose of |
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requesting mandamus enforcement of the priority in setting hearings |
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and trials under Subsection (a)(7). |
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SECTION 2. Chapter 74, Government Code, is amended by |
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adding Subchapter I to read as follows: |
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SUBCHAPTER I. JUDGE PRESIDING OVER MULTIDISTRICT LITIGATION |
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Sec. 74.201. STAFF. A district judge who presides over |
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multidistrict litigation involving claims for asbestos-related or |
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silica-related injuries may appoint one briefing attorney and not |
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more than three clerks to assist the judge. |
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SECTION 3. Subchapter B, Chapter 659, Government Code, is |
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amended by adding Section 659.0125 to read as follows: |
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Sec. 659.0125. SALARY FOR DISTRICT JUDGE PRESIDING OVER |
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MULTIDISTRICT LITIGATION. (a) Notwithstanding Section 659.012 or |
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any other law, a district judge who presides over multidistrict |
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litigation involving claims for asbestos-related or silica-related |
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injuries is entitled to receive, in addition to all other |
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compensation, expenses, and perquisites authorized by law, the |
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maximum amount of compensation set by the Texas Judicial Council |
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for a presiding judge under Section 74.051(b). The annual amount |
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must be apportioned over 12 equal monthly payments and be paid to |
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the judge by the Texas Judicial Council for each month during which |
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the judge retains jurisdiction over the claims. |
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(b) Notwithstanding any other law, supplemental |
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compensation paid to a district judge under this section is not |
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included as part of the district judge's total annual salary for the |
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purpose of computing another salary that is based on the salary of |
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the district judge. |
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SECTION 4. The compensation authorized by Section 659.0125, |
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Government Code, as added by this Act, applies only to a month that |
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begins on or after the effective date of this Act. |
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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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 749 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 749 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |