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A BILL TO BE ENTITLED
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AN ACT
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relating to agreed venue selection in civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 15.020(b) and (c), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(b) An action arising from a major transaction shall be |
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brought in a county if the party against whom the action is brought |
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has agreed in writing that a suit arising from the transaction may |
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be brought in that county. The parties to the action are not |
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required to establish that the county is a county of proper venue |
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under another provision of this chapter. |
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(c) Notwithstanding any other provision of this title, an |
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action arising from a major transaction may not be brought in a |
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county if: |
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(1) the party bringing the action has agreed in |
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writing that an action arising from the transaction may not be |
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brought in that county, and the action may be brought in another |
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county of this state or in another jurisdiction; or |
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(2) the party bringing the action has agreed in |
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writing that an action arising from the transaction must be brought |
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in another county of this state or in another jurisdiction[, and the
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action may be brought in that other county, under this section or
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otherwise, or in that other jurisdiction]. |
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SECTION 2. Section 15.063, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 15.063. TRANSFER. (a) The court, on motion filed and |
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served concurrently with or before the filing of the answer, shall |
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transfer an action to another county of proper venue if: |
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(1) the county in which the action is pending is not a |
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proper county as provided by this chapter; or |
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(2) an impartial trial cannot be had in the county in |
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which the action is pending[; or
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[(3)
written consent of the parties to transfer to any
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other county is filed at any time]. |
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(b) The court, on a motion filed with the court at any time |
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before the trial commences, shall transfer the action to another |
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county if the written consent of all the parties to the transfer to |
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that county is filed with the motion. The parties to the action are |
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not required to establish that the county is a county of proper |
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venue under another provision of this chapter. |
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SECTION 3. The change in law made by this Act applies only |
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to an action filed on or after the effective date of this Act. An |
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action filed before the effective date of this Act is governed by |
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the law applicable to the action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |