Texas 2021 - 87th Regular

Texas House Bill HB1875 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18570 TSS-F
2		-	By: Landgraf, Bonnen, Leach, Smith H.B. No. 1875
3		-	Substitute the following for H.B. No. 1875:
4		-	By: Middleton C.S.H.B. No. 1875
	1	+	By: Landgraf H.B. No. 1875
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the creation of the business court and the court of
10	7		business appeals to hear certain cases; authorizing fees.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Subtitle A, Title 2, Government Code, is amended
13	10		by adding Chapter 24A to read as follows:
14	11		CHAPTER 24A. BUSINESS COURT AND COURT OF BUSINESS APPEALS
15	12		SUBCHAPTER A. GENERAL PROVISIONS
16	13		Sec. 24A.001. DEFINITIONS. In this chapter:
17		-	(1) "Governing documents" means the instruments,
	14	+	(1) "Controlling person" means a person who directly
	15	+	or indirectly controls a governing person, officer, or
	16	+	organization.
	17	+	(2) "Governing documents" means the instruments,
18	18		documents, or agreements adopted under an organization's governing
19	19		law to govern the organization's formation and internal affairs.
20	20		The term includes:
21	21		(A) a certificate of formation, articles of
22	22		incorporation, and articles of organization;
23	23		(B) bylaws;
24	24		(C) a partnership agreement;
25	25		(D) a company agreement or operating agreement;
26	26		(E) a shareholder agreement;
27	27		(F) a voting agreement or voting trust agreement;
28	28		and
29	29		(G) an agreement among owners restricting the
30	30		transfer of ownership interests.
31		-	(2) "Governing law" means the law governing the
	31	+	(3) "Governing law" means the law governing the
32	32		formation and internal affairs of an organization.
33		-	(3) "Governing person" means a person who is entitled,
	33	+	(4) "Governing person" means a person who is entitled,
34	34		alone or as part of a group, to manage and direct an organization's
35	35		affairs under the organization's governing documents and governing
36	36		law. The term includes:
37	37		(A) a member of the board of directors of a
38	38		corporation or other organization;
39	39		(B) a general partner of a general or limited
40	40		partnership;
41	41		(C) a manager of a limited liability company that
42	42		is managed by its managers;
43	43		(D) a member of a limited liability company that
44	44		is managed by its members;
45	45		(E) a trust manager of a real estate investment
46	46		trust; and
47	47		(F) a trustee of a business trust.
48		-	(4) "Governmental entity" means:
	48	+	(5) "Governmental entity" means:
49	49		(A) the state; or
50	50		(B) a political subdivision of the state,
51	51		including a municipality, a county, or any kind of district.
52		-	(5) "Internal affairs" means:
	52	+	(6) "Internal affairs" means:
53	53		(A) the rights, powers, and duties of an
54	54		organization's governing persons, officers, owners, and members;
55	55		and
56	56		(B) matters relating to the organization's
57	57		membership or ownership interests.
58		-	(6) "Officer" means a person elected, appointed, or
	58	+	(7) "Managerial official" means a governing person or
	59	+	officer.
	60	+	(8) "Officer" means a person elected, appointed, or
59	61		designated as an officer of an organization by the organization's
60		-	governing persons or the organization's governing documents.
61		-	(7) "Organization" means a foreign or domestic entity
62		-	or association, regardless of whether for profit or nonprofit. The
63		-	term includes:
	62	+	governing persons or by the organization's governing documents.
	63	+	(9) "Organization" means a foreign or domestic entity
	64	+	or association that is for profit or nonprofit. The term includes:
64	65		(A) a corporation;
65	66		(B) a limited partnership;
66	67		(C) a general partnership;
67	68		(D) a limited liability partnership;
68	69		(E) a limited liability company;
69	70		(F) a business trust;
70	71		(G) a real estate investment trust;
71	72		(H) a joint venture;
72	73		(I) a joint stock company;
73	74		(J) a cooperative;
74	75		(K) a bank;
75	76		(L) a credit union;
76	77		(M) a savings and loan association;
77	78		(N) an insurance company; and
78	79		(O) a series of a limited liability company or of
79	80		another entity.
80		-	(8) "Owner" means an owner of an organization. The
	81	+	(10) "Owner" means an owner of an organization. The
81	82		term includes:
82	83		(A) a shareholder or stockholder of a corporation
83	84		or other organization;
84	85		(B) a general or limited partner of a partnership
85	86		or an assignee of a partnership interest in a partnership;
86	87		(C) a member of, or an assignee of a membership
87	88		interest in, a limited liability company; and
88	89		(D) a member of a nonprofit organization.
89		-	(9) "Ownership interest" means an owner's interest in
	90	+	(11) "Ownership interest" means an owner's interest in
90	91		an organization, including an owner's economic, voting, and
91	92		management rights.
	93	+	(12) "Qualified transaction" means a qualified
	94	+	transaction as that term is defined in Section 271.001, Business &
	95	+	Commerce Code.
92	96		SUBCHAPTER B. BUSINESS COURT
93	97		Sec. 24A.051. JURISDICTION. (a) The business court has
94	98		civil jurisdiction concurrent with district courts in:
95	99		(1) a derivative action on behalf of an organization;
96	100		and
97	101		(2) an action in which the amount in controversy
98	102		exceeds $10 million, excluding interest, statutory damages,
99	103		exemplary damages, penalties, attorney's fees, and costs, that
100	104		arises against, between, or among organizations, governing
101	105		authorities, governing persons, members, or owners, relating to a
102	106		contract transaction for business, commercial, investment,
103	107		agricultural, or similar purposes.
104	108		(b) The business court has statewide jurisdiction of an
105	109		action described in Subsection (a) and all matters arising out of or
106	110		related to an action described in Subsection (a).
107	111		(c) The business court may grant any relief available in a
108	112		district court.
109	113		(d) Notwithstanding Subsections (a) and (b), the business
110	114		court:
111		-	(1) does not have jurisdiction of a civil
112		-	~~action~~ brought by or against a governmental entity, unless the
	115	+	(1) does not have jurisdiction of a civil action
	116	+	brought by or against a governmental entity, unless the
113	117		governmental entity invokes or consents to the jurisdiction of the
114	118		business court; and
115	119		(2) must sever any claim in which a party seeks
116	120		recovery of monetary damages for personal injury or death or any
117	121		claim arising under Chapter 17, Business & Commerce Code, the
118	122		Estates Code, the Family Code, or Title 9, Property Code, unless all
119		-	parties and ~~a judge of~~ the business court agree that the claim may
	123	+	parties and the business court judge agree that the claim may
120	124		proceed in the business court.
121	125		(e) If a claim is severed as provided by Subsection (d)(2),
122	126		the business court has discretion to stay or abate its own
123	127		proceedings pending resolution of the severed claim.
124	128		Sec. 24A.052. INITIAL FILING; REMOVAL AND REMAND; TRANSFER.
125	129		(a) An action in the jurisdiction of the business court may be
126	130		filed in the business court. If the business court does not have
127	131		subject matter jurisdiction of the action, or part of the action,
128	132		the court shall dismiss without prejudice to refiling the whole or
129	133		part of the action. A claim that is dismissed under this subsection
130	134		may be refiled in a court with jurisdiction by the party who filed
131	135		the claim in the business court not later than the 30th day after
132	136		the date the claim was dismissed by the business court,
133	137		notwithstanding the expiration of a period of limitation provided
134	138		by statute.
135	139		(b) A party to an action filed in a district court or county
136	140		court at law that is in the subject matter jurisdiction of the
137	141		business court may remove the action to the business court by filing
138	142		a notice of removal with the business court and the court in which
139	143		the action was originally filed. If the business court does not
140	144		have jurisdiction of the action or part of the action, the business
141	145		court shall remand the action, or the part in which the business
142	146		court does not have jurisdiction, to the court from which the action
143	147		was removed. A party may appeal an interlocutory order of the
144	148		business court that grants or refuses a remand under this
145	149		subsection to the court of business appeals.
146	150		(c) Removal of a case to the business court is not subject to
147	151		the statutes or rules governing the due order of pleading.
148	152		(d) Removal of a case does not waive a defect in venue or
149	153		constitute an appearance to determine personal jurisdiction.
150	154		(e) Any claim in which the business court does not have
151	155		jurisdiction as provided by Section 24A.051(d) must be transferred
152	156		to a district court in a county in which the claim could have been
153	157		originally filed. If the claim could have been filed in more than
154	158		one county, the party bringing the claim may elect the county to
155	159		which the claim is transferred.
156	160		(f) A cause of action filed in the business court shall be
157	161		assigned to the docket of a judge on a rotating basis.
158	162		(g) The supreme court shall promulgate rules of civil
159	163		procedure providing for the timely and efficient removal and remand
160	164		of cases to and from the business court.
161		-	Sec. 24A.053. POWERS AND DUTIES. (a) The business court ~~may~~
162		-	issue any writ necessary for the enforcement of the court's
	165	+	Sec. 24A.053. POWERS AND DUTIES. (a) The business court
	166	+	may issue any writ necessary for the enforcement of the court's
163	167		jurisdiction, including a:
164	168		(1) writ of injunction;
165	169		(2) writ of mandamus;
166	170		(3) writ of sequestration;
167	171		(4) writ of attachment;
168	172		(5) writ of garnishment; and
169	173		(6) writ of supersedeas.
170	174		(b) The business court may answer a question regarding a
171	175		matter in the court's jurisdiction that is certified to the
172	176		business court by another court.
173	177		Sec. 24A.054. QUALIFICATIONS OF JUDGE. A judge of the
174		-	business court must be:
175		-	(1) at least 35 years of age;
176		-	(2) a United States citizen;
177		-	(3) a resident of this state for at least two years
	178	+	business court must:
	179	+	(1) be at least 35 years of age;
	180	+	(2) be a United States citizen;
	181	+	(3) be a resident of this state for at least two years
178	182		before appointment; and
179		-	(4) a licensed attorney in this state and have 10 or
	183	+	(4) be a licensed attorney in this state and have 10 or
180	184		more years of experience in:
181	185		(A) practicing complex civil business
182	186		litigation;
183	187		(B) practicing business transaction law;
184	188		(C) teaching courses in complex civil business
185	189		litigation or complex business transaction law at an accredited law
186	190		school in this state;
187	191		(D) serving as a judge of a court in this state
188	192		with civil jurisdiction; or
189		-	(E) any combination of ~~activities~~ described by
	193	+	(E) any combination of experience described by
190	194		Paragraphs (A)-(D).
191		-	Sec. 24A.055. COMPOSITION OF COURT. (a) The ~~governor, with~~
192		-	~~the advice and consent~~ of ~~the senate, shall appoint~~ seven judges to
193		-	~~serve~~ the ~~business court~~.
194		-	(b) A ~~judge of the~~ business court may be reappointed.
	195	+	Sec. 24A.055. COMPOSITION OF COURT. (a) The business court
	196	+	is composed of seven judges appointed by the governor with the
	197	+	advice and consent of the senate.
	198	+	(b) A business court judge may be reappointed.
195	199		(c) The governor may not appoint:
196	200		(1) more than three judges who reside in the same
197	201		county; or
198	202		(2) more than a majority of judges associated with the
199	203		same political party.
200		-	Sec. 24A.056. TERMS OF OFFICE. ~~A judge~~ of the business
201		-	court ~~serves a~~ two-year ~~term~~.
	204	+	Sec. 24A.056. TERMS OF OFFICE. The judges of the business
	205	+	court shall serve two-year terms of office.
202	206		Sec. 24A.057. VACANCY. If a vacancy occurs on the business
203	207		court, the governor, with the advice and consent of the senate,
204	208		shall appoint, in the same manner as the original appointment,
205	209		another person to serve for the remainder of the unexpired term.
206		-	Sec. 24A.058. JUDICIAL AUTHORITY. A judge ~~of the business~~
207		-	~~court~~ has all powers, duties, immunities, and privileges of a
208		-	~~district~~ judge.
209		-	Sec. 24A.059. JUDGE'S SALARY. (a) A judge ~~of the business~~
210		-	~~court~~ shall be paid a total annual salary from the state that is the
211		-	~~sum~~ of:
	210	+	Sec. 24A.058. JUDICIAL AUTHORITY. A business court judge
	211	+	has all powers, duties, immunities, and privileges of a district
	212	+	judge.
	213	+	Sec. 24A.059. JUDGE'S SALARY. (a) A business court judge
	214	+	shall be paid a total annual salary from the state that is the sum
	215	+	of:
212	216		(1) the salary paid to a district judge by the state
213	217		under Section 659.012; and
214	218		(2) the maximum amount of county contributions and
215	219		supplements allowed by law to be paid to a district judge under
216	220		Section 659.012.
217	221		(b) The salary shall be paid in equal monthly installments.
218	222		Sec. 24A.060. REMOVAL; DISQUALIFICATION AND RECUSAL. (a)
219		-	A judge of the business court may be removed from office in the same
220		-	manner and for the same reasons as a district judge.
221		-	(b) A judge of the business court is disqualified or shall
222		-	recuse himself or herself in a particular case for the same reasons
223		-	as a district judge. Disqualification or recusal of a judge of the
224		-	business court shall be governed by the same procedure as
225		-	disqualification or recusal of a district judge.
226		-	Sec. 24A.061. PRIVATE PRACTICE OF LAW. A judge of the
227		-	business court shall diligently discharge the duties of the office
228		-	on a full-time basis and may not engage in the private practice of
229		-	law.
	223	+	A business court judge may be removed from office in the same manner
	224	+	and for the same reasons as a district judge.
	225	+	(b) A business court judge is disqualified or shall recuse
	226	+	himself or herself in a particular case for the same reasons as a
	227	+	district judge. Disqualification or recusal of a business court
	228	+	judge shall be governed by the same procedure as disqualification
	229	+	or recusal of a district judge.
	230	+	Sec. 24A.061. PRIVATE PRACTICE OF LAW. A business court
	231	+	judge shall diligently discharge the duties of the office on a
	232	+	full-time basis and may not engage in the private practice of law.
230	233		Sec. 24A.062. VISITING JUDGE. (a) A retired or former
231	234		judge or justice may be assigned as a visiting judge of the business
232	235		court by the chief justice of the supreme court. A visiting judge
233	236		of the business court is subject to objection, disqualification, or
234	237		recusal in the same manner as a retired or former judge or justice
235	238		is subject to objection, disqualification, or recusal if appointed
236	239		as a visiting district judge.
237		-	(b) A visiting judge must meet the qualifications of a ~~judge~~
238		-	~~of the~~ business court as provided by Section 24A.054.
	240	+	(b) A visiting judge must meet the qualifications of a
	241	+	business court judge as provided by Section 24A.054.
239	242		(c) Before accepting an assignment as a visiting judge of
240	243		the business court, a retired or former judge or justice shall take
241	244		the constitutional oath of office required of appointed officers of
242	245		this state and file the oath with the supreme court.
243	246		Sec. 24A.063. JURY PRACTICE AND PROCEDURE. (a) A party in
244	247		an action pending in the business court has the right to a trial by
245	248		jury when required by the constitution.
246	249		(b) A jury trial shall be held in a county in which venue
247	250		would be found under Section 15.002, Civil Practice and Remedies
248	251		Code.
249	252		(c) Subject to Subsection (b), a jury trial in a case
250	253		removed to the business court shall be held in the county in which
251	254		the action was originally filed.
252	255		(d) Subject to Subsection (b), a jury trial in a case filed
253	256		initially in the business court shall be held in any county in which
254	257		it could have been filed under Section 15.002, Civil Practice and
255	258		Remedies Code, as chosen by the plaintiff.
256		-	(e) The parties and the ~~judge of the~~ business court may
257		-	~~agree to~~ hold the jury trial in any other county. A party may not be
258		-	~~required~~ to agree to hold the jury trial in a different county.
	259	+	(e) The parties and the business court judge may agree to
	260	+	hold the jury trial in any other county. A party may not be required
	261	+	to agree to hold the jury trial in a different county.
259	262		(f) The drawing of jury panels, selection of jurors, and
260	263		other jury-related practice and procedure in the business court
261	264		shall be the same as for the district court in the county in which
262	265		the trial is held.
263	266		(g) Practice, procedure, rules of evidence, issuance of
264	267		process and writs, and all other matters pertaining to the conduct
265		-	of trials, hearings, and other business in the business court ~~are~~
266		-	governed by the laws and ~~rules prescribed for district courts,~~
267		-	~~unless otherwise provided by this chapter~~.
	268	+	of trials, hearings, and other business in the business court not
	269	+	otherwise provided for in this chapter are governed by the laws and
	270	+	rules prescribed for district courts.
268	271		(h) The business court may adopt rules of practice, which
269	272		must be approved by the supreme court.
270	273		Sec. 24A.064. COURT LOCATION; STAFFING. (a) The business
271	274		court shall have a clerk, whose office shall be located in Travis
272	275		County in facilities provided by the state. The clerk shall:
273	276		(1) receive all filings in the business court; and
274	277		(2) fulfill the legal and administrative functions of
275	278		a district clerk and an appellate court clerk.
276		-	(b) ~~Each judge~~ of the business court shall maintain chambers
277		-	in the county seat of ~~the judge's~~ county of residence in facilities
	279	+	(b) The judges of the business court shall maintain chambers
	280	+	in the county seat of their county of residence in facilities
278	281		provided by the state.
279	282		(c) Subject to Section 24A.063, the business court, or any
280	283		judge of the business court, may hold court at any location in the
281	284		state, as the court determines is necessary or convenient for a
282	285		particular civil action.
283	286		(d) The business court shall use the most advanced
284	287		technology feasible when necessary and appropriate to facilitate
285	288		expeditious proceedings in matters brought before the court. As
286	289		determined by the business court, counsel and parties may appear
287	290		before the business court by means of Internet-based or other
288	291		technological devices rather than in person.
289	292		(e) In a county in which the business court sits, the
290	293		sheriff shall in person or by deputy attend the business court as
291	294		required by the court. The sheriff or deputy is entitled to be
292	295		reimbursed by the state for the cost of attending court.
293	296		(f) Subject to any limitations provided by the General
294	297		Appropriations Act, the business court may appoint personnel
295	298		necessary for the operation of the court, including:
296	299		(1) the clerk of the court;
297	300		(2) staff attorneys for the court;
298		-	(3) staff attorneys for each judge of the business
299		-	court;
	301	+	(3) staff attorneys for each business court judge;
300	302		(4) court coordinators; and
301	303		(5) administrative assistants.
302	304		(g) The court officials shall perform the duties and
303	305		responsibilities of their offices and are entitled to the
304	306		compensation, fees, and allowances prescribed by law for the
305	307		offices.
306	308		Sec. 24A.065. FEES. The business court shall provide rates
307	309		for fees associated with filings and actions in the business court.
308	310		The fees shall be set at a sufficient amount to cover the costs of
309	311		administering the provisions of this chapter, taking into account
310	312		fee waivers in the interest of justice.
311	313		Sec. 24A.066. SEAL. The seal of the business court is the
312	314		same as that provided by law for a district court except that the
313	315		seal must contain the name "The Business Court of Texas."
314	316		SUBCHAPTER C. COURT OF BUSINESS APPEALS
315		-	Sec. 24A.101. JURISDICTION; APPEAL. (a) The Court of
316		-	Business Appeals has exclusive jurisdiction over an appeal from an
317		-	order or judgment of the business court.
318		-	(b) An appeal from an order or judgment of the business
319		-	court is available in the same manner as an appeal from an order or
320		-	judgment of a district court.
321		-	(c) The procedure governing an appeal from an order or
322		-	judgment of a business court is the same as an appeal from an order
323		-	or judgment of a district court.
324		-	Sec. 24A.102. COURT OF BUSINESS APPEALS; COMPOSITION. (a)
325		-	The governor, with the advice and consent of the senate, shall
326		-	appoint seven justices to serve as the Court of Business Appeals.
	317	+	Sec. 24A.101. APPEAL; COURT OF BUSINESS APPEALS. An appeal
	318	+	from an order or judgment of the business court is available in the
	319	+	same manner as an appeal from an order or judgment of a district
	320	+	court. The procedure governing an appeal from an order or judgment
	321	+	of a business court is the same as an appeal from an order or
	322	+	judgment of a district court. An appeal from an order or judgment
	323	+	of the business court must be filed in the court of business
	324	+	appeals.
	325	+	Sec. 24A.102. COMPOSITION OF COURT. (a) The court of
	326	+	business appeals is composed of seven justices appointed by the
	327	+	governor with the advice and consent of the senate.
327	328		(b) A justice of the court of business appeals must meet the
328	329		qualifications of a judge of the business court as provided by
329	330		Section 24A.054.
330		-	(c) A justice of the Court of Business Appeals may be
331		-	appointed to two or more consecutive terms.
332		-	Sec. 24A.103. CHIEF JUSTICE. The governor shall designate
333		-	one of the seven justices appointed under Section 24A.102 as the
334		-	chief justice of the Court of Business Appeals.
335		-	Sec. 24A.104. TERM OF OFFICE. A justice of the Court of
336		-	Business Appeals shall serve a two-year term.
337		-	Sec. 24A.105. VACANCY. If a vacancy occurs on the Court of
	331	+	(c) The governor shall designate one of the seven justices
	332	+	as the chief justice of the court of business appeals.
	333	+	(d) A justice of the court of business appeals may be
	334	+	reappointed by the governor.
	335	+	Sec. 24A.103. TERMS OF OFFICE. The justices of the court of
	336	+	business appeals shall serve two-year terms of office.
	337	+	Sec. 24A.104. VACANCY. If a vacancy occurs on the court of
338	338		business appeals, the governor, with the advice and consent of the
339	339		senate, shall appoint, in the same manner as the original
340	340		appointment, another person to serve for the remainder of the
341	341		unexpired term.
342		-	Sec. 24A.~~106~~. JUDICIAL AUTHORITY. A justice of the Court of
	342	+	Sec. 24A.105. JUDICIAL AUTHORITY. A justice of the court of
343	343		business appeals has all powers, duties, immunities, and privileges
344		-	as a court of appeals justice.
345		-	Sec. 24A.~~107~~. PANEL. The justices appointed to the Court of
	344	+	of a court of appeals justice.
	345	+	Sec. 24A.106. PANEL. The justices appointed to the court of
346	346		business appeals shall sit in randomly selected panels of three to
347	347		hear and determine appeals from the business court.
348		-	Sec. 24A.~~108~~. LOCATION. The justices hearing appeals from
	348	+	Sec. 24A.107. LOCATION. The justices hearing appeals from
349	349		the business court may sit in any convenient place to hear the
350	350		appeal.
351		-	Sec. 24A.~~109~~. JUDGMENT. The Court of Business Appeals
352		-	shall render judgments and ~~issue~~ opinions in the same manner as ~~any~~
353		-	other court of appeals under Chapter 22.
354		-	Sec. 24A.~~110~~. REVIEW. (a) A party may seek an en banc
	351	+	Sec. 24A.108. JUDGMENT. The court of business appeals
	352	+	shall render judgments and hand down opinions in the same manner as
	353	+	any other court of appeals under Chapter 22.
	354	+	Sec. 24A.109. REVIEW. (a) A party may seek an en banc
355	355		review of a decision of a panel of the court of business appeals.
356	356		(b) A party to an order or judgment of the business court or
357	357		the court of business appeals may file a petition for review in the
358	358		supreme court in the same manner and circumstances as a party to an
359	359		order or judgment of a district court or court of appeals.
360		-	Sec. 24A.~~111~~. CLERK. The clerk of the business court shall
	360	+	Sec. 24A.110. CLERK. The clerk of the business court shall
361	361		serve as the clerk of the court of business appeals.
362		-	Sec. 24A.~~112~~. COMPENSATION. A justice of the Court of
	362	+	Sec. 24A.111. COMPENSATION. A justice of the court of
363	363		business appeals shall receive compensation equal to that of the
364	364		chief justice of a court of appeals, including the maximum amount of
365	365		local contributions.
366		-	Sec. 24A.~~113~~. SEAL. The seal of the Court of Business
	366	+	Sec. 24A.112. SEAL. The seal of the court of business
367	367		appeals is the same as that provided by law for a court of appeals
368	368		except that the seal must contain the name "The Court of Business
369	369		Appeals of Texas."
370	370		SECTION 2. (a) As soon as practicable after the effective
371	371		date of this Act, the governor shall appoint judges to the business
372	372		court, as required by Section 24A.055, Government Code, as added by
373	373		this Act.
374	374		(b) As soon as practicable after the effective date of this
375	375		Act, the governor shall appoint justices to the court of business
376	376		appeals, as required by Section 24A.102, Government Code, as added
377	377		by this Act.
378	378		SECTION 3. The changes in law made by this Act apply to
379	379		civil actions commenced on or after January 1, 2022.
380	380		SECTION 4. (a) The Supreme Court of Texas has exclusive and
381	381		original jurisdiction over a challenge to the constitutionality of
382	382		this Act or any part of this Act and may issue injunctive or
383	383		declaratory relief in connection with the challenge.
384	384		(b) If the appointment of judges by the governor to the
385	385		business court under Section 24A.055, Government Code, as added by
386	386		this Act, is held by the Supreme Court of Texas as unconstitutional,
387	387		the business court shall be staffed by sitting or retired judges who
388	388		are appointed by the supreme court.
389		-	(c) If the appointment of ~~a justice~~ by the governor to the
	389	+	(c) If the appointment of justices by the governor to the
390	390		court of business appeals under Section 24A.102, Government Code,
391	391		as added by this Act, is held by the Supreme Court of Texas as
392	392		unconstitutional, the court of business appeals shall be staffed by
393	393		sitting or retired justices who are appointed by the supreme court.
394	394		SECTION 5. This Act takes effect September 1, 2021.