By:  Wentworth                                         S.B. No. 648
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       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 one
 1-9     transaction or a series of transactions under which a person pays
1-10     or receives, or is obligated to pay or entitled to receive,
1-11     consideration with an aggregate value equal to or greater than $1
1-12     million.  The term does not include a transaction or series of
1-13     transactions entered into primarily for personal, family, or
1-14     household purposes, or to settle a personal injury claim, without
1-15     regard to 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:
 2-1                 (1)  the party bringing the action has agreed in
 2-2     writing that an action arising from the transaction may not be
 2-3     brought in that county, and the action may be brought in another
 2-4     county of this state or in another jurisdiction; or
 2-5                 (2)  the party bringing the action has agreed in
 2-6     writing that an action arising from the transaction must be brought
 2-7     in another county of this state or in another jurisdiction, and the
 2-8     action may be brought in that other county, under this section or
 2-9     otherwise, or in that other jurisdiction.
2-10           (d)  This section does not apply to an action if:
2-11                 (1)  the agreement described by this section was
2-12     unconscionable at the time that it was made;
2-13                 (2)  the agreement regarding venue is voidable under
2-14     Section 35.52, Business & Commerce Code; or
2-15                 (3)  venue is established under a statute of this state
2-16     other than this title.
2-17           (e)  This section does not affect venue and jurisdiction in
2-18     an action arising from a transaction that is not a major
2-19     transaction.
2-20           SECTION 2.  This Act applies only to a cause of action
2-21     accruing on or after the effective date of this Act, without regard
2-22     to whether an agreement relating to the venue of the action was
2-23     made before, on, or after the effective date of this Act.  A cause
2-24     of action accruing before the effective date of this Act is
2-25     governed by the law in effect at the time the cause of action
2-26     accrued, and that law is continued in effect for that purpose.