| |
| |
|
|
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. |