73R2316 DAK-F By Thompson of Harris H.B. No. 922 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the specification of venue for actions arising from 1-3 certain major transactions. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 15, Civil Practice and 1-6 Remedies Code, is amended by adding Section 15.002 to read as 1-7 follows: 1-8 Sec. 15.002. MAJOR TRANSACTIONS: SPECIFICATION BY AGREEMENT 1-9 OF VENUE. (a) In this section, "major transaction" means one 1-10 transaction or a series of transactions under which a person pays 1-11 or receives, or is obligated to pay or entitled to receive, 1-12 consideration with an aggregate value equal to or greater than $1 1-13 million. 1-14 (b) An action arising from a major transaction may be 1-15 brought in a county if the party against whom the action is brought 1-16 has agreed in writing that a suit arising from the transaction may 1-17 be brought in that county. 1-18 (c) Notwithstanding any other provision of this title, an 1-19 action arising from a major transaction may not be brought in a 1-20 county if: 1-21 (1) the party bringing the action has agreed in 1-22 writing that an action arising from the transaction may not be 1-23 brought in that county, and the action may be brought in another 1-24 county of this state or in another jurisdiction; or 2-1 (2) the party bringing the action has agreed in 2-2 writing that an action arising from the transaction must be brought 2-3 in another county of this state or in another jurisdiction, and the 2-4 action may be brought in that other county, under this section or 2-5 otherwise, or in that other jurisdiction. 2-6 (d) This section does not apply to an action if the 2-7 agreement described by this section was unconscionable at the time 2-8 that it was made. 2-9 (e) This section does not affect venue and jurisdiction in 2-10 an action arising from a transaction that is not a major 2-11 transaction. 2-12 SECTION 2. This Act applies only to a cause of action 2-13 accruing on or after the effective date of this Act, without regard 2-14 to whether an agreement relating to the venue of the action was 2-15 made before, on, or after the effective date of this Act. A cause 2-16 of action accruing before the effective date of this Act is 2-17 governed by the law in effect at the time the cause of action 2-18 accrued, and that law is continued in effect for that purpose. 2-19 SECTION 3. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended, 2-24 and that this Act take effect and be in force from and after its 2-25 passage, and it is so enacted. 2-26 COMMITTEE AMENDMENT NO. 1 2-27 Amend H.B. 922 as follows: 3-1 (1) On page 2, line 13 strike "accruing" and insert "filed"; 3-2 (2) On page 2, line 16 strike "accruing" and insert "filed"; 3-3 and 3-4 (3) On page 2, line 18 strike "accrued" and insert "was 3-5 filed". 3-6 Alvarado