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.