By: Duncan H.B. No. 741
73R3211 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to venue for certain actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 15, Civil Practice and
1-5 Remedies Code, is amended by adding Sections 15.0115 and 15.018 to
1-6 read as follows:
1-7 Sec. 15.0115. LANDLORD-TENANT. (a) A suit between a
1-8 landlord and a tenant arising under a lease shall be brought in the
1-9 county in which all or a part of the real property is located.
1-10 (b) To the extent of any conflict between this section and
1-11 another statute governing venue for a suit subject to Subsection
1-12 (a), this section controls unless the other statute expressly
1-13 states that this section does not apply.
1-14 (c) In this section, "lease" means any written or oral
1-15 agreement between a landlord and a tenant that establishes or
1-16 modifies the terms, conditions, or other provisions relating to the
1-17 use and occupancy of the real property that is the subject of the
1-18 lease.
1-19 Sec. 15.018. PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.
1-20 (a) A suit for damages for personal injury, death, or property
1-21 damage shall be brought in the county in which the personal injury,
1-22 injury causing death, or property damage occurred.
1-23 (b) To the extent of any conflict between this section and
1-24 another statute governing venue for a suit subject to Subsection
2-1 (a), this section controls unless the other statute expressly
2-2 states that this section does not apply.
2-3 SECTION 2. Section 15.017, Civil Practice and Remedies Code,
2-4 is amended to read as follows:
2-5 Sec. 15.017. LIBEL, SLANDER, OR INVASION OF PRIVACY.
2-6 Notwithstanding Section 15.018, a <A> suit for damages for libel,
2-7 slander, or invasion of privacy shall be brought and can only be
2-8 maintained in the county in which the plaintiff resided at the time
2-9 of the accrual of the cause of action, or in the county in which
2-10 the defendant resided at the time of filing suit, or in the county
2-11 of the residence of defendants, or any of them, or the domicile of
2-12 any corporate defendant, at the election of the plaintiff.
2-13 SECTION 3. Section 17.56, Business & Commerce Code, is
2-14 amended to read as follows:
2-15 Sec. 17.56. Venue. Except as provided by Sections 15.0115
2-16 and 15.018, Civil Practice and Remedies Code, an <An> action
2-17 brought which alleges a claim to relief under Section 17.50 of this
2-18 subchapter shall be brought <may be commenced in the county in
2-19 which the person against whom the suit is brought resides, has his
2-20 principal place of business, or has a fixed and established place
2-21 of business at the time the suit is brought or> in the county in
2-22 which the alleged act or practice occurred or in a county in which
2-23 the defendant or an authorized agent of the defendant solicited the
2-24 transaction made the subject of the action at bar.
2-25 SECTION 4. Section 92.007, Property Code, as amended by
2-26 Chapters 332 and 650, Acts of the 71st Legislature, Regular
2-27 Session, 1989, is amended to read as follows:
3-1 Sec. 92.007. VENUE. Venue for an action under this chapter
3-2 is governed by Section 15.0115, Civil Practice and Remedies Code
3-3 <in the county in which the premises are located. Venue for an
3-4 action under this chapter is in the county in which the dwelling is
3-5 located>.
3-6 SECTION 5. This Act applies only to a suit that is commenced
3-7 on or after the effective date of this Act. A suit that was
3-8 commenced before the effective date of this Act is governed by the
3-9 law in effect at the time the suit was commenced, and that law is
3-10 continued in effect for this purpose.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.