By Seidlits H.B. No. 3113
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to venue for civil actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 15.061, Chapter 15, Subchapter D, Civil
1-5 Practice and Remedies Code, is amended to read as follows:
1-6 Sec. 15.061. Joinder of Defendants or Claims. (1) When two
1-7 or more claims or causes of action arise from the same occurrence
1-8 or from a common series of occurrences or transactions <parties are
1-9 joined as defendants in the same action or two or more claims or
1-10 causes of action are properly joined in one action> and the court
1-11 has venue <of an action or claim against any> as to one defendant,
1-12 the court also has venue of all claims or actions against all
1-13 defendants unless one or more of the claims or causes of action is
1-14 governed by one of the provisions of Subchapter B requiring
1-15 transfer of the claim or cause of action, on proper objection, to
1-16 the mandatory county.
1-17 (2) On motion of a party, an action to which this
1-18 section applies may be transferred, in whole or in part, following
1-19 a hearing to another county if the party seeking to transfer proves
1-20 by a preponderance of evidence that:
1-21 (a) maintenance of the action in the county of
1-22 suit would work a substantial injustice to the moving party; and
1-23 (b) transfer of all or any part of the action
2-1 would not, in reasonable probability, result in unreasonable
2-2 duplication or proliferation of litigation; and
2-3 (c) transfer of all or part of the action would
2-4 not unfairly prejudice the claimants.
2-5 (3) No motion to transfer under this section may be
2-6 heard until:
2-7 (a) all parties have been joined in the action;
2-8 and
2-9 (b) all parties have had ample opportunity to
2-10 obtain discovery of information relevant to the motion to transfer
2-11 and in no event shall the hearing be held less than 90 days prior
2-12 to trial.
2-13 (4) A court may not transfer any part of an action
2-14 under this section if the party opposing the motion makes a prima
2-15 facie showing that satisfies the requirements of Subsection (1).
2-16 Said prima facie showing need not be made by a preponderance of the
2-17 evidence and shall be deemed satisfied if said party produces
2-18 credible evidence in support of the pleading opposing transfer and
2-19 may include affidavits, deposition testimony, discovery responses,
2-20 or other verified evidence.
2-21 (5) An order denying transfer under this section is an
2-22 appealable interlocutory order for 60 days from the date of the
2-23 order and where an appeal is perfected within 10 days of the date
2-24 of the order. Such appeal may not stay or be used as a basis for
2-25 staying the action in the court where the action is pending. The
3-1 record on appeal shall be limited to the pleadings and evidence
3-2 specified in Subsection (5) and the statement of facts of the
3-3 hearing. An appellate court reviewing an interlocutory order under
3-4 this section shall review the record on appeal and shall not
3-5 disturb the trial court's finding unless there is insufficient
3-6 credible evidence to satisfy the requirements of Subsection (1).
3-7 SECTION 2. Section 15.063, Subchapter D, Civil Practice and
3-8 Remedies Code, is amended to read as follows:
3-9 Sec. 15.063. Transfer. Except as provided by Section
3-10 15.061, <T>the court, on motion filed and served concurrently with
3-11 or before the filing of the answer, shall transfer an action to
3-12 another county of proper venue if:
3-13 (1) the county in which the action is pending is not a
3-14 proper county as provided by this chapter;
3-15 (2) an impartial trial cannot be had in the county in
3-16 which the action is pending; or
3-17 (3) written consent of the parties to transfer to any
3-18 other county is filed at any time.
3-19 SECTION 3. Section 15.064, Subchapter D, Civil Practice and
3-20 Remedies Code, is amended to read as follows:
3-21 Sec. 15.064. Hearings. (a) <In all venue hearings> Except
3-22 as provided in Section 15.061, no factual proof concerning the
3-23 merits of the case shall be required to establish venue in hearings
3-24 under this chapter. The court shall determine venue questions from
3-25 the pleadings and affidavits. No interlocutory appeal shall lie
4-1 from the determination.
4-2 (b) On appeal from the trial on the merits, if venue was
4-3 improper it shall in no event be harmless error and shall be
4-4 reversible error. In determining whether venue was or was not
4-5 proper, the appellate court shall consider the entire record,
4-6 including the trial on the merits.
4-7 SECTION 4. This Act takes effect September 1, 1995, and
4-8 applies only to a cause of action filed on or after that date. An
4-9 action filed before the effective date of this Act is governed by
4-10 the law applicable to the action immediately before the effective
4-11 date of this Act, and that law is continued in effect for that
4-12 purpose.
4-13 SECTION 5. The importance of this legislation and the
4-14 crowded condition of the calendars in both houses create an
4-15 emergency and an imperative public necessity that the
4-16 constitutional rule requiring bills to be read on three several
4-17 days in each house be suspended, and this rule is hereby suspended.