AN ACT
1-1 relating to the specification of venue for actions arising from
1-2 certain major transactions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 15, Civil Practice and
1-5 Remedies Code, is amended by adding Section 15.020 to read as
1-6 follows:
1-7 Sec. 15.020. MAJOR TRANSACTIONS: SPECIFICATION OF VENUE BY
1-8 AGREEMENT. (a) In this section, "major transaction" means a
1-9 transaction evidenced by a written agreement under which a person
1-10 pays or receives, or is obligated to pay or entitled to receive,
1-11 consideration with an aggregate stated value equal to or greater
1-12 than $1 million. The term does not include a transaction entered
1-13 into primarily for personal, family, or household purposes, or to
1-14 settle a personal injury or wrongful death claim, without regard to
1-15 the aggregate value.
1-16 (b) An action arising from a major transaction shall be
1-17 brought in a county if the party against whom the action is brought
1-18 has agreed in writing that a suit arising from the transaction may
1-19 be brought in that county.
1-20 (c) Notwithstanding any other provision of this title, an
1-21 action arising from a major transaction may not be brought in a
1-22 county if:
1-23 (1) the party bringing the action has agreed in
1-24 writing that an action arising from the transaction may not be
2-1 brought in that county, and the action may be brought in another
2-2 county of this state or in another jurisdiction; or
2-3 (2) the party bringing the action has agreed in
2-4 writing that an action arising from the transaction must be brought
2-5 in another county of this state or in another jurisdiction, and the
2-6 action may be brought in that other county, under this section or
2-7 otherwise, or in that other jurisdiction.
2-8 (d) This section does not apply to an action if:
2-9 (1) the agreement described by this section was
2-10 unconscionable at the time that it was made;
2-11 (2) the agreement regarding venue is voidable under
2-12 Section 35.52, Business & Commerce Code; or
2-13 (3) venue is established under a statute of this state
2-14 other than this title.
2-15 (e) This section does not affect venue and jurisdiction in
2-16 an action arising from a transaction that is not a major
2-17 transaction.
2-18 SECTION 2. This Act applies only to a cause of action
2-19 accruing on or after the effective date of this Act, without regard
2-20 to whether an agreement relating to the venue of the action was
2-21 made before, on, or after the effective date of this Act. A cause
2-22 of action accruing before the effective date of this Act is
2-23 governed by the law in effect at the time the cause of action
2-24 accrued, and that law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 648 passed the Senate on
April 13, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 648 passed the House on
April 28, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor