Senate Sponsors: DILLARD. Short description: CIV PRO-ABATEMENT-STATE AGENCY Synopsis of Bill as introduced: Amends the Code of Civil Procedure. Provides that in an action in which (1) a claimant seeks recovery of damages on behalf of a class of claimants; and (2) the interpretation, application, or violation of a State agency rule is involved for at least one defendant, the court must dismiss the action unless the court determines that (1) the interpretation, application, or violation of a State agency rule involves only questions of law; and (2) the State agency may not make any findings of fact or conclusions of law or issue any orders that would aid the court in resolving the action. Provides that the period of dismissal is at least 6 months or any other reasonable time that the court determines appropriate. Provides for a tolling of the statute of limitations on the civil action during the period in which the claimant seeks an administrative remedy. Provides that there is a rebuttable presumption of non-liability in a civil action against the entity if the regulated agency that regulates the entity gave explicit or implicit approval of the activity for which the injured party asserts was the basis of the injury. Provides that discovery and other proceedings are stayed in a civil action in which class certification is sought during the pendency of a motion to dismiss unless the court finds that particularized discovery is necessary to preserve evidence or to prevent undue hardship to a party. Provides for waiver of appeal bond requirements in certain class action cases. Applies to all pending and new actions. Effective immediately. Last action on Bill: SESSION SINE DIE Last action date: JAN-07-2003 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 0 END OF INQUIRY Full Text Bill Status