76R10519 DAK-D                           
         By Dutton                                             H.B. No. 1272
         Substitute the following for H.B. No. 1272:
         By Dutton                                         C.S.H.B. No. 1272
                                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 B, Chapter 15, Civil Practice and
 1-6     Remedies Code, is amended by adding Section 15.020 to read as
 1-7     follows:
 1-8           Sec. 15.020.  MAJOR TRANSACTIONS:  SPECIFICATION OF VENUE BY
 1-9     AGREEMENT.  (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.  The term does not include a transaction or series of
1-14     transactions entered into primarily for personal, family, or
1-15     household purposes, or to settle a personal injury or wrongful
1-16     death claim, without regard to the aggregate value.
1-17           (b)  An action arising from a major transaction shall be
1-18     brought in a county if the party against whom the action is brought
1-19     has agreed in writing that a suit arising from the transaction may
1-20     be brought in that county.
1-21           (c)  Notwithstanding any other provision of this title, an
1-22     action arising from a major transaction may not be brought in a
1-23     county if:
1-24                 (1)  the party bringing the action has agreed in
 2-1     writing that an action arising from the transaction may not be
 2-2     brought in that county, and the action may be brought in another
 2-3     county of this state or in another jurisdiction; or
 2-4                 (2)  the party bringing the action has agreed in
 2-5     writing that an action arising from the transaction must be brought
 2-6     in another county of this state or in another jurisdiction, and the
 2-7     action may be brought in that other county, under this section or
 2-8     otherwise, or in that other jurisdiction.
 2-9           (d)  This section does not apply to an action if:
2-10                 (1)  the agreement described by this section was
2-11     unconscionable at the time that it was made;
2-12                 (2)  the agreement regarding venue is voidable under
2-13     Section 35.52, Business & Commerce Code; or
2-14                 (3)  venue is established under a statute of this state
2-15     other than this title.
2-16           (e)  This section does not affect venue and jurisdiction in
2-17     an action arising from a transaction that is not a major
2-18     transaction.
2-19           SECTION 2.  This Act applies only to a cause of action
2-20     accruing on or after the effective date of this Act, without regard
2-21     to whether an agreement relating to the venue of the action was
2-22     made before, on, or after the effective date of this Act.  A cause
2-23     of action accruing before the effective date of this Act is
2-24     governed by the law in effect at the time the cause of action
2-25     accrued, and that law is continued in effect for that purpose.
2-26           SECTION 3.  The importance of this legislation and the
2-27     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended,
 3-4     and that this Act take effect and be in force from and after its
 3-5     passage, and it is so enacted.