By Montford                                             S.B. No. 32
       74R3204 DAK-D
                                 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 15.001, Civil Practice and Remedies Code,
    1-5  is amended to read as follows:
    1-6        Sec. 15.001.  VENUE:  GENERAL RULE.  Except as otherwise
    1-7  provided by this subchapter or Subchapter B or C, all lawsuits
    1-8  shall be brought:
    1-9              (1)  in the county in which all or part of the cause of
   1-10  action accrued; <or>
   1-11              (2)  in the county of defendant's residence if
   1-12  defendant is a natural person; or
   1-13              (3)  in the county of the defendant's principal place
   1-14  of business in this state, if the defendant is not a natural
   1-15  person.
   1-16        SECTION 2.  Subchapter B, Chapter 15, Civil Practice and
   1-17  Remedies Code, is amended by adding Sections 15.0115, 15.018, and
   1-18  15.019 to read as follows:
   1-19        Sec. 15.0115.  LANDLORD-TENANT.  (a)  A suit between a
   1-20  landlord and a tenant arising under a lease shall be brought in the
   1-21  county in which all or a part of the real property is located.
   1-22        (b)  To the extent of any conflict between this section and
   1-23  another statute governing venue for a suit subject to Subsection
   1-24  (a), this section controls unless the other statute expressly
    2-1  states that this section does not apply.
    2-2        (c)  In this section, "lease" means any written or oral
    2-3  agreement between a landlord and a tenant that establishes or
    2-4  modifies the terms, conditions, or other provisions relating to the
    2-5  use and occupancy of the real property that is the subject of the
    2-6  agreement.
    2-7        Sec. 15.018.  PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE.
    2-8  (a)  A suit for damages for personal injury, death, or property
    2-9  damage shall be brought in the county in which the personal injury,
   2-10  injury causing death, or property damage occurred.
   2-11        (b)  To the extent of any conflict between this section and
   2-12  another statute governing venue for a suit subject to Subsection
   2-13  (a), this section controls unless the other statute expressly
   2-14  states that this section does not apply.
   2-15        Sec. 15.019.  JOINDER OF DEFENDANTS.  (a)  Except as provided
   2-16  by Subsection (b), if two or more parties are joined as defendants
   2-17  in the same action, the action shall be brought in the county in
   2-18  which all or part of the cause of action accrued.
   2-19        (b)  If venue under Sections 15.001(2) and (3) for each
   2-20  defendant joined in the action is in the same county, the action
   2-21  may be brought in that county.
   2-22        (c)  This section does not apply to an action governed by
   2-23  another section of this subchapter.
   2-24        SECTION 3.  Sections 15.032 and 15.033, Civil Practice and
   2-25  Remedies Code, are amended to read as follows:
   2-26        Sec. 15.032.  INSURANCE.  Suit against fire, marine, or
   2-27  inland insurance companies may also be commenced in any county in
    3-1  which the insured property was situated.  A suit on a policy may be
    3-2  brought against any life insurance company, or accident insurance
    3-3  company, or life and accident, or health and accident, or life,
    3-4  health, and accident insurance company in the county in which the
    3-5  company's principal place of business in this state <home office of
    3-6  the company> is located or in the county in which the loss has
    3-7  occurred or in which the policyholder or beneficiary instituting
    3-8  the suit resided at the time the cause of action accrued <resides>.
    3-9        Sec. 15.033.  BREACH OF WARRANTY BY MANUFACTURER.  A suit for
   3-10  breach of warranty by a manufacturer of consumer goods may be
   3-11  brought in the <any> county in which the manufacturer's principal
   3-12  place of business in this state is located <in which all or a part
   3-13  of the cause of action accrued, in any county in which the
   3-14  manufacturer may have an agency or representative, in the county in
   3-15  which the principal office of the company may be situated,> or in
   3-16  the county in which the plaintiff resided at the time the cause of
   3-17  action accrued <or plaintiffs reside>.
   3-18        SECTION 4.  Section 15.035, Civil Practice and Remedies Code,
   3-19  is amended by amending Subsection (a) and adding Subsection (c) to
   3-20  read as follows:
   3-21        (a)  Except as provided by Subsection (b), if a party
   3-22  <person> has contracted in writing to perform an obligation in a
   3-23  particular county, expressly naming the county or a definite place
   3-24  in that county by that writing, suit on or by reason of the
   3-25  obligation may be brought against that party <him> either in:
   3-26              (1)  that county;
   3-27              (2)  <or in> the county of defendant's residence if
    4-1  defendant is a natural person; or
    4-2              (3)  in the county of the defendant's principal place
    4-3  of business in this state, if the defendant is not a natural person
    4-4  <in which the defendant has his domicile>.
    4-5        (c)  The parties to a written contract may agree in writing
    4-6  to exclusive venue in the county of the residence or principal
    4-7  place of business of either party or in the county in which the
    4-8  contract is to be performed.  An agreement under this subsection
    4-9  must appear in a conspicuous place and in a conspicuous manner in
   4-10  the contract.  This subsection does not apply to a contract arising
   4-11  out of or based on a consumer obligation or consumer transaction
   4-12  for goods, a service, a loan, or an extension of credit intended
   4-13  primarily for personal, family, household, or agricultural use.
   4-14        SECTION 5.  Subchapter C, Chapter 15, Civil Practice and
   4-15  Remedies Code, is amended by adding Section 15.041 to read as
   4-16  follows:
   4-17        Sec. 15.041.  LIBEL, SLANDER, OR INVASION OF PRIVACY.  A suit
   4-18  for damages for libel, slander, or invasion of privacy may be
   4-19  brought in the county in which the plaintiff resided at the time
   4-20  the cause of action accrued.
   4-21        SECTION 6.  Section 15.061, Civil Practice and Remedies Code,
   4-22  is amended to read as follows:
   4-23        Sec. 15.061.  JOINDER OF <DEFENDANTS OR> CLAIMS.  (a)  Two
   4-24  <When two> or more <parties are joined as defendants in the same
   4-25  action or two or more> claims or causes of action may be <are>
   4-26  properly joined in one action only if:
   4-27              (1)  the claims or causes of action arose, in whole or
    5-1  in part, in the same county; and
    5-2              (2)  venue as to each defendant for each claim or cause
    5-3  of action under Sections 15.001(2) and (3) is in the same county.
    5-4        (b)  Notwithstanding Subsection (a), a claim or cause of
    5-5  action that <and the court has venue of an action or claim against
    5-6  any one defendant, the court also has venue of all claims or
    5-7  actions against all defendants unless one or more of the claims or
    5-8  causes of action> is governed by one of the provisions of
    5-9  Subchapter B requiring transfer of the claim or cause of action
   5-10  shall be transferred, on proper objection, to the mandatory county.
   5-11        SECTION 7.  Chapter 15, Civil Practice and Remedies Code, is
   5-12  amended by adding Subchapter F to read as follows:
   5-13             SUBCHAPTER F.  TRANSFER OF MULTICOUNTY CASES
   5-14        Sec. 15.121.  DEFINITION.  In this subchapter, "panel" means
   5-15  the judicial panel on multicounty litigation.
   5-16        Sec. 15.122.  TRANSFER AUTHORIZED FOR COORDINATED AND
   5-17  CONSOLIDATED PRETRIAL PROCEEDINGS.  (a)  The judicial panel on
   5-18  multicounty litigation may transfer one or more civil actions to
   5-19  another county for coordinated or consolidated pretrial proceedings
   5-20  as provided by this subchapter.
   5-21        (b)  The panel may not transfer an action under this section
   5-22  unless:
   5-23              (1)  the action involves a question of fact common to
   5-24  another action pending in the county to which the action is to be
   5-25  transferred; and
   5-26              (2)  the panel finds that transfer of the action would
   5-27  be for the convenience of the parties and witnesses and would
    6-1  promote the just and efficient conduct of the action.
    6-2        Sec. 15.123.  TRANSFER FOR CONVENIENCE OF PARTIES.  The panel
    6-3  may transfer as provided by this subchapter an action to another
    6-4  county in which the action may have been brought for the
    6-5  convenience of the parties and witnesses and in the interest of
    6-6  justice.
    6-7        Sec. 15.124.  TRANSFER PROCEEDINGS; HEARING.  (a)  A party to
    6-8  an action may file a motion with the panel requesting transfer
    6-9  under this subchapter.  The party must file a copy of the motion in
   6-10  the court in which the action to be transferred is pending.
   6-11        (b)  The panel shall hold a hearing to determine whether to
   6-12  order the transfer of the action.
   6-13        (c)  The panel shall notify each party in each action that
   6-14  may be affected by the transfer that the panel has received a
   6-15  motion to transfer an action under this subchapter.  The notice
   6-16  must state the time and place of the hearing.
   6-17        (d)  A party to an action that may be affected by the
   6-18  transfer may offer evidence relevant to whether the transfer should
   6-19  be made.
   6-20        (e)  The panel's order must be supported by findings of fact
   6-21  and conclusions of law based on the record of the hearing.
   6-22        Sec. 15.125.  FILING OF ORDER.  (a)  The panel's order
   6-23  transferring an action is effective at the time it is filed in the
   6-24  office of the clerk of the court to which the action is being
   6-25  transferred.
   6-26        (b)  The clerk of the court shall, not later than the fifth
   6-27  day after the date the order is filed, transmit a certified copy of
    7-1  the panel's order to each court from which an action is being
    7-2  transferred.
    7-3        (c)  The panel shall file an order of the panel denying a
    7-4  motion to transfer an action in the court in which the action is
    7-5  pending.
    7-6        (d)  The panel shall file a copy of any order of the panel,
    7-7  including an order to set a hearing, in the office of the clerk of
    7-8  the court in which a transfer hearing is to be or has been held.
    7-9        Sec. 15.126.  JUDGE FOR COORDINATED OR CONSOLIDATED PRETRIAL
   7-10  PROCEEDINGS.  The panel shall assign one or more judges of the
   7-11  appropriate court in the county in which coordinated or
   7-12  consolidated pretrial proceedings are to be conducted to conduct
   7-13  the proceedings.
   7-14        Sec. 15.127.  REMAND TO ORIGINATING COUNTY.  (a)  The panel
   7-15  shall remand an action transferred under Section 15.122 to the
   7-16  county in which it originated not later than the conclusion of the
   7-17  pretrial proceedings.
   7-18        (b)  The panel may separate a claim, cross-claim,
   7-19  counterclaim, or third-party claim from the action and remand that
   7-20  claim to the originating county before remanding the remainder of
   7-21  the action.
   7-22        (c)  The panel may not remand an action or claim to the
   7-23  originating county after the claim has been settled or otherwise
   7-24  terminated.
   7-25        Sec. 15.128.  REVIEW OF ORDER OF PANEL.  (a)  Review of an
   7-26  order of the panel is by extraordinary writ.
   7-27        (b)  A petition for writ initially filed in a court of
    8-1  appeals to review an order transferring an action, and any
    8-2  subsequent order of the panel relating to that action, must be
    8-3  filed in the court of appeals that would have jurisdiction of an
    8-4  appeal from the court to which the action is to be transferred.
    8-5        (c)  A petition for a writ initially filed in a court of
    8-6  appeals to review an order of the panel other than an order
    8-7  described by Subsection (b) must be filed in the court with
    8-8  jurisdiction over the district in which the panel is sitting.
    8-9        Sec. 15.129.  MANDAMUS.  The supreme court, a court of
   8-10  appeals, or a justice of the supreme court or a court of appeals
   8-11  may issue a writ of mandamus against the panel and may issue other
   8-12  writs against the panel as necessary.
   8-13        Sec. 15.130.  JUDICIAL PANEL ON MULTICOUNTY LITIGATION.  (a)
   8-14  The judicial panel on multicounty litigation is appointed by the
   8-15  supreme court and is composed of seven justices and judges selected
   8-16  from the courts of appeals and district courts of this state.  The
   8-17  panel may not include more than two individuals from any court of
   8-18  appeals district.
   8-19        (b)  The members of the panel serve staggered six-year terms
   8-20  expiring February 1 of odd-numbered years.
   8-21        (c)  The supreme court shall fill any vacancy on the panel,
   8-22  including a vacancy caused by a judge on the panel leaving office.
   8-23        (d)  The concurrence of at least four members of the panel is
   8-24  required for any action of the panel.
   8-25        (e)  A member of the panel may not receive compensation for
   8-26  serving as a member of the panel.  The supreme court may reimburse
   8-27  a member of the panel for expenses actually incurred by the member
    9-1  in performing the member's duties.
    9-2        Sec. 15.131.  RULES.  The supreme court may adopt rules
    9-3  governing the operation of the panel as provided by Section 22.004,
    9-4  Government Code.
    9-5        SECTION 8.  Section 17.56, Business & Commerce Code, is
    9-6  amended to read as follows:
    9-7        Sec. 17.56.  Venue.  Except as provided by Sections 15.0115
    9-8  and 15.018, Civil Practice and Remedies Code, an <An> action
    9-9  brought which alleges a claim to relief under Section 17.50 of this
   9-10  subchapter shall be brought <may be commenced in the county in
   9-11  which the person against whom the suit is brought resides, has his
   9-12  principal place of business, or has a fixed and established place
   9-13  of business at the time the suit is brought or> in the county in
   9-14  which the alleged act or practice occurred or in a county in which
   9-15  the defendant or an authorized agent of the defendant solicited the
   9-16  transaction made the subject of the action at bar.
   9-17        SECTION 9.  Section 92.007, Property Code, is amended to read
   9-18  as follows:
   9-19        Sec. 92.007.  VENUE.  Venue for an action under this chapter
   9-20  is governed by Section 15.0115, Civil Practice and Remedies Code
   9-21  <in the county in which the premises are located>.
   9-22        SECTION 10.  Sections 15.017, 15.036, 15.037, and 15.040,
   9-23  Civil Practice and Remedies Code, are repealed.
   9-24        SECTION 11.  This Act takes effect September 1, 1995, and
   9-25  applies only to a cause of action that accrues on or after that
   9-26  date.  An action that accrued before the effective date of this Act
   9-27  is governed by the law applicable to the action immediately before
   10-1  the effective date of this Act, and that law is continued in effect
   10-2  for that purpose.
   10-3        SECTION 12.  In making the initial appointments to the
   10-4  judicial panel on multicounty litigation, the supreme court shall
   10-5  appoint two members for terms expiring February 1, 1997, two
   10-6  members for terms expiring February 1, 1999, and three members for
   10-7  terms expiring February 1, 2001.
   10-8        SECTION 13.  The importance of this legislation and the
   10-9  crowded condition of the calendars in both houses create an
  10-10  emergency and an imperative public necessity that the
  10-11  constitutional rule requiring bills to be read on three several
  10-12  days in each house be suspended, and this rule is hereby suspended.