Bill Text: TX HB3238 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to a motion to transfer venue based on the joinder of certain defendants.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-13 - Referred to Judiciary & Civil Jurisprudence [HB3238 Detail]

Download: Texas-2019-HB3238-Introduced.html

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By: Landgraf H.B. No. 3238

A BILL TO BE ENTITLED
AN ACT
relating to a motion to transfer venue based on the joinder of
certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 15, Civil Practice and
Remedies Code, is amended by adding Section 15.0635 to read as
follows:
Sec. 15.0635. TRANSFER DUE TO IMPROPER JOINDER. (a) On
motion of a defendant filed and served concurrently with or before
the filing of the defendant's answer, a court shall transfer an
action to another county of proper venue if the court finds, based
on the petition and affidavits submitted by the parties, that:
(1) a defendant was joined in the action for the
primary purpose of establishing venue in a county that would not
otherwise be a county of proper venue; or
(2) the facts pleaded concerning a defendant whose
connection to a county is the primary basis for establishing venue
in the county are materially false.
(b) In determining whether a defendant was joined for the
primary purpose of establishing venue in a particular county under
Subsection (a)(1), the court may consider whether:
(1) a trier of fact would impose significant liability
on the defendant; or
(2) the plaintiff that joined the defendant has a good
faith intention to prosecute the action and seek judgment against
the defendant.
(c) A court's decision to grant or deny a transfer under
Subsection (a) may be reversible error.
SECTION 2. Section 15.0635, Civil Practice and Remedies
Code, as added by this Act, applies only to an action filed on or
after the effective date of this Act. An action filed 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, 2019.