| 1 | 1 | | 84R9533 LED-D |
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| 2 | 2 | | By: Wray H.B. No. 2211 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to agreed venue selection in civil actions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 15.020(b) and (c), Civil Practice and |
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| 10 | 10 | | Remedies Code, are amended to read as follows: |
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| 11 | 11 | | (b) An action arising from a major transaction shall be |
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| 12 | 12 | | brought in a county if the party against whom the action is brought |
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| 13 | 13 | | has agreed in writing that a suit arising from the transaction may |
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| 14 | 14 | | be brought in that county. The parties to the action are not |
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| 15 | 15 | | required to establish that the county is a county of proper venue |
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| 16 | 16 | | under another provision of this chapter. |
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| 17 | 17 | | (c) Notwithstanding any other provision of this title, an |
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| 18 | 18 | | action arising from a major transaction may not be brought in a |
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| 19 | 19 | | county if: |
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| 20 | 20 | | (1) the party bringing the action has agreed in |
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| 21 | 21 | | writing that an action arising from the transaction may not be |
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| 22 | 22 | | brought in that county, and the action may be brought in another |
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| 23 | 23 | | county of this state or in another jurisdiction; or |
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| 24 | 24 | | (2) the party bringing the action has agreed in |
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| 25 | 25 | | writing that an action arising from the transaction must be brought |
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| 26 | 26 | | in another county of this state or in another jurisdiction[, and the |
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| 27 | 27 | | action may be brought in that other county, under this section or |
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| 28 | 28 | | otherwise, or in that other jurisdiction]. |
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| 29 | 29 | | SECTION 2. Section 15.063, Civil Practice and Remedies |
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| 30 | 30 | | Code, is amended to read as follows: |
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| 31 | 31 | | Sec. 15.063. TRANSFER. (a) The court, on motion filed and |
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| 32 | 32 | | served concurrently with or before the filing of the answer, shall |
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| 33 | 33 | | transfer an action to another county of proper venue if: |
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| 34 | 34 | | (1) the county in which the action is pending is not a |
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| 35 | 35 | | proper county as provided by this chapter; or |
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| 36 | 36 | | (2) an impartial trial cannot be had in the county in |
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| 37 | 37 | | which the action is pending[; or |
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| 38 | 38 | | [(3) written consent of the parties to transfer to any |
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| 39 | 39 | | other county is filed at any time]. |
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| 40 | 40 | | (b) The court, on a motion filed with the court at any time |
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| 41 | 41 | | before the trial commences, shall transfer the action to another |
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| 42 | 42 | | county if the written consent of all the parties to the transfer to |
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| 43 | 43 | | that county is filed with the motion. The parties to the action are |
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| 44 | 44 | | not required to establish that the county is a county of proper |
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| 45 | 45 | | venue under another provision of this chapter. |
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| 46 | 46 | | SECTION 3. The change in law made by this Act applies only |
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| 47 | 47 | | to an action filed on or after the effective date of this Act. An |
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| 48 | 48 | | action filed before the effective date of this Act is governed by |
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| 49 | 49 | | the law applicable to the action immediately before the effective |
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| 50 | 50 | | date of this Act, and that law is continued in effect for that |
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| 51 | 51 | | purpose. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2015. |
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