By Brimer                                             H.B. No. 2897
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to litigation rights of businesses located in Texas.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Business & Commerce Code is amended by adding
 1-5     Chapter 19 as follows:
 1-6                     CHAPTER 19.  BUSINESS LITIGATION. 
 1-7           Sec. 19.01.  DEFINITION.  In this chapter:
 1-8                 (1)  "business" means all entities such as sole
 1-9     proprietors, partnerships, and corporations, including all trades,
1-10     occupations, or professions carried on for the purpose of a gain,
1-11     benefit, or advantage and is engaged in commercial or financial
1-12     transactions.
1-13           Sec. 19.02.  RIGHTS OF BUSINESSES OPERATING IN TEXAS.  Any
1-14     business operating or located in the State of Texas shall be
1-15     afforded the following rights:
1-16                 (1)  Businesses operating or located in the State of
1-17     Texas shall be afforded fair and equitable access to the court
1-18     system and shall be protected from meritless lawsuits.  Courts
1-19     shall review each pending dispute in which a party is a business
1-20     operating or located in the State of Texas to determine whether the
1-21     dispute is appropriate for alternative dispute resolution as
 2-1     prescribed by Section 154.021, Texas Civil Practices and Remedies
 2-2     Code.
 2-3                 (2)  Businesses operating or located in the State of
 2-4     Texas shall operate and maintain a safe and reasonable work
 2-5     environment.  At least 30 days prior to filing a suit against an
 2-6     employer for a violation of this provision, an employee shall give
 2-7     written notice as described herein to their employer stating the
 2-8     claimed violation and providing the employer an opportunity to
 2-9     cure.  Any suit filed without notice having been received by an
2-10     employer shall be abated by the court until such notice has been
2-11     received and the 30 day period has expired.  Notice may be provided
2-12     under this section by personal delivery or by mailing the notice to
2-13     the employer at an address the employer ordinarily receives mail.
2-14           SECTION 2.  This title takes effect September 1, 1999.
2-15           SECTION 3.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.