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.