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R E S O L U T I O N
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BE IT RESOLVED by the Senate of the State of Texas, 89th |
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Legislature, Regular Session, 2025, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on House |
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Bill 40 (relating to the business court) to consider and take action |
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on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 56 of the bill, |
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adding Section 25A.021, Government Code, to read as follows: |
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Sec. 25A.021. ACTIONS COMMENCED BEFORE SEPTEMBER 1, 2024. |
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(a) Notwithstanding Section 8, Chapter 380 (H.B. 19), Acts of the |
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88th Legislature, Regular Session, 2023, a civil action commenced |
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before September 1, 2024, that is within the jurisdiction of the |
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business court may be transferred to and heard by the business court |
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on an agreed motion of a party and permission of the business court |
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under rules adopted by the supreme court for the purpose. When |
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adopting rules under this section, the supreme court shall: |
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(1) prioritize complex civil actions of longer |
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duration that have proven difficult for a district court to resolve |
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because of the other demands on the district court's caseload; |
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(2) consider the capacity of the business court to |
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accept the transfer of the action without impairing the business |
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court's efficiency and effectiveness in resolving actions |
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commenced on or after September 1, 2024; and |
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(3) ensure the facilitation of the fair and efficient |
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administration of justice. |
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(b) This section expires September 1, 2035. |
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Explanation: This change is necessary to allow civil actions |
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commenced before September 1, 2024, to be transferred to and heard |
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by the business court on the agreement of the parties and with the |
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permission of the business court. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 72 of the bill, by |
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adding nonamendatory transition language to read as follows: |
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SECTION 72. Except as provided by Section 25A.021, |
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Government Code, as added by this Act, the changes in law made by |
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this Act apply only to civil actions commenced on or after September |
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1, 2024. |
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Explanation: This change is necessary to allow civil actions |
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commenced before September 1, 2024, to be transferred to and heard |
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by the business court under Section 25A.021, Government Code, as |
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proposed in SECTION 56 of the bill. |