1-1     By:  Wentworth                                         S.B. No. 648
 1-2           (In the Senate - Filed February 23, 1999; February 24, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     April 6, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 6, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 648                   By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the specification of venue for actions arising from
1-11     certain major transactions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 15, Civil Practice and
1-14     Remedies Code, is amended by adding Section 15.020 to read as
1-15     follows:
1-16           Sec. 15.020.  MAJOR TRANSACTIONS:  SPECIFICATION OF VENUE BY
1-17     AGREEMENT.  (a)  In this section, "major transaction" means one
1-18     transaction or a series of transactions under which a person pays
1-19     or receives, or is obligated to pay or entitled to receive,
1-20     consideration with an aggregate value equal to or greater than $1
1-21     million.  The term does not include a transaction or series of
1-22     transactions entered into primarily for personal, family, or
1-23     household purposes, or to settle a personal injury or wrongful
1-24     death claim, without regard to the aggregate value.
1-25           (b)  An action arising from a major transaction shall be
1-26     brought in a county if the party against whom the action is brought
1-27     has agreed in writing that a suit arising from the transaction may
1-28     be brought in that county.
1-29           (c)  Notwithstanding any other provision of this title, an
1-30     action arising from a major transaction may not be brought in a
1-31     county if:
1-32                 (1)  the party bringing the action has agreed in
1-33     writing that an action arising from the transaction may not be
1-34     brought in that county, and the action may be brought in another
1-35     county of this state or in another jurisdiction; or
1-36                 (2)  the party bringing the action has agreed in
1-37     writing that an action arising from the transaction must be brought
1-38     in another county of this state or in another jurisdiction, and the
1-39     action may be brought in that other county, under this section or
1-40     otherwise, or in that other jurisdiction.
1-41           (d)  This section does not apply to an action if:
1-42                 (1)  the agreement described by this section was
1-43     unconscionable at the time that it was made;
1-44                 (2)  the agreement regarding venue is voidable under
1-45     Section 35.52, Business & Commerce Code; or
1-46                 (3)  venue is established under a statute of this state
1-47     other than this title.
1-48           (e)  This section does not affect venue and jurisdiction in
1-49     an action arising from a transaction that is not a major
1-50     transaction.
1-51           SECTION 2.  This Act applies only to a cause of action
1-52     accruing on or after the effective date of this Act, without regard
1-53     to whether an agreement relating to the venue of the action was
1-54     made before, on, or after the effective date of this Act.  A cause
1-55     of action accruing before the effective date of this Act is
1-56     governed by the law in effect at the time the cause of action
1-57     accrued, and that law is continued in effect for that purpose.
1-58                                  * * * * *