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.