Texas House Bill HB3238

Texas 2019 - 86th Regular

Caption

Relating to a motion to transfer venue based on the joinder of certain defendants.

Impact

The implementation of HB3238 would likely streamline the venue determination process in civil cases, thereby promoting judicial efficiency. By limiting the circumstances under which a plaintiff can join defendants, the bill seeks to uphold the integrity of the venue selection while also protecting defendants from being drawn into litigation in jurisdictions that are not relevant to the underlying dispute. This change could reduce the potential for forum shopping, where plaintiffs may seek out jurisdictions perceived as more favorable for their claims.

Summary

House Bill 3238 addresses the process for transferring a venue based on the joinder of certain defendants in civil actions. This legislation aims to prevent improper venue establishment through the strategic joining of defendants whose presence in a lawsuit is intended solely for jurisdictional manipulation. Under the proposed amendments to the Civil Practice and Remedies Code, a court is mandated to transfer an action to the appropriate county if a defendant was joined for the primary purpose of affecting venue, or if there are materially false claims relating to a defendant's connections to the venue.

Contention

While the intent of HB3238 is to create fairer litigation practices, it may face opposition from plaintiff advocacy groups who argue that it could make it more challenging for individuals to bring cases against multiple defendants in a single venue. Concerns may arise regarding access to justice, particularly for plaintiffs who rely on the convenience of a single venue for prosecuting claims against multiple parties. The balance between protecting defendants' rights and ensuring plaintiffs' ability to effectively pursue claims will be a notable point of contention during discussions surrounding this bill.