Texas 2015 84th Regular

Texas House Bill HB2211 Introduced / Bill

Filed 03/03/2015

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                    84R9533 LED-D
 By: Wray H.B. No. 2211


 A BILL TO BE ENTITLED
 AN ACT
 relating to agreed venue selection in civil actions.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 15.020(b) and (c), Civil Practice and
 Remedies Code, are amended to read as follows:
 (b)  An action arising from a major transaction shall be
 brought in a county if the party against whom the action is brought
 has agreed in writing that a suit arising from the transaction may
 be brought in that county. The parties to the action are not
 required to establish that the county is a county of proper venue
 under another provision of this chapter.
 (c)  Notwithstanding any other provision of this title, an
 action arising from a major transaction may not be brought in a
 county if:
 (1)  the party bringing the action has agreed in
 writing that an action arising from the transaction may not be
 brought in that county, and the action may be brought in another
 county of this state or in another jurisdiction; or
 (2)  the party bringing the action has agreed in
 writing that an action arising from the transaction must be brought
 in another county of this state or in another jurisdiction[, and the
 action may be brought in that other county, under this section or
 otherwise, or in that other jurisdiction].
 SECTION 2.  Section 15.063, Civil Practice and Remedies
 Code, is amended to read as follows:
 Sec. 15.063.  TRANSFER. (a) The court, on motion filed and
 served concurrently with or before the filing of the answer, shall
 transfer an action to another county of proper venue if:
 (1)  the county in which the action is pending is not a
 proper county as provided by this chapter; or
 (2)  an impartial trial cannot be had in the county in
 which the action is pending[; or
 [(3)     written consent of the parties to transfer to any
 other county is filed at any time].
 (b)  The court, on a motion filed with the court at any time
 before the trial commences, shall transfer the action to another
 county if the written consent of all the parties to the transfer to
 that county is filed with the motion. The parties to the action are
 not required to establish that the county is a county of proper
 venue under another provision of this chapter.
 SECTION 3.  The change in law made by this Act applies only
 to an action filed on or after the effective date of this Act. An
 action filed before the effective date of this Act is governed by
 the law applicable to the action immediately before the effective
 date of this Act, and that law is continued in effect for that
 purpose.
 SECTION 4.  This Act takes effect September 1, 2015.