79R5424 MFC-F

By:  West, Royce                                                  S.B. No. 675



A BILL TO BE ENTITLED

AN ACT

relating to agreements that waive the right to demand a jury trial.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 30, Civil Practice and Remedies Code, is 
amended by adding Section 30.006 to read as follows:
	Sec. 30.006.  WAIVER OF RIGHT TO DEMAND JURY TRIAL.  (a)  A 
provision waiving the right to demand a jury trial in a written 
agreement evidencing or relating to a consumer transaction in which 
an individual consumer acquires or seeks to acquire goods or 
services primarily for personal, household, or family use is not 
enforceable unless the waiver:
		(1)  applies equally to all parties to the agreement;                  
		(2)  is not unconscionable; and                                        
		(3)  contains the following statement in bold, 
underlined, capitalized, 16-point type:
	"BY ENTERING INTO THIS AGREEMENT YOU ARE WAIVING YOUR RIGHT 
TO DEMAND A JURY TRIAL.  THE LAW DOES NOT REQUIRE THAT YOU WAIVE THIS 
RIGHT."
	(b)  A party who asserts that an individual consumer has 
waived the right to demand a jury trial in a written agreement 
relating to a consumer transaction has the burden of proof to show 
that the waiver is enforceable under Subsection (a).
	(c)  On motion of a party in a proceeding relating to a 
consumer transaction, the court shall conduct a hearing to 
determine the enforceability of a waiver provision under this 
section.
	SECTION 2.  This Act applies only to a written agreement 
entered into on or after the effective date of this Act.  A written 
agreement entered into before the effective date of this Act is 
governed by the law in effect immediately before that date, and that 
law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.