S.B. No. 32
                                        AN ACT
    1-1  relating to venue for civil actions.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Subchapter A, Chapter 15, Civil Practice and
    1-4  Remedies Code, is amended to read as follows:
    1-5           SUBCHAPTER A.  DEFINITIONS; GENERAL RULES <RULE>
    1-6        Sec. 15.001.  DEFINITIONS.  In this chapter:
    1-7        (a)  "Principal office" means a principal office of the
    1-8  corporation, unincorporated association, or partnership in this
    1-9  state in which the decision makers for the organization within this
   1-10  state conduct the daily affairs of the organization.  The mere
   1-11  presence of an agency or representative does not establish a
   1-12  principal office.
   1-13        (b)  "Proper venue" means:
   1-14              (1)  the venue required by the mandatory provisions of
   1-15  Subchapter B or another statute prescribing mandatory venue; or
   1-16              (2)  if Subdivision (1) does not apply, the venue
   1-17  provided by this subchapter or Subchapter C.
   1-18        Sec. 15.002.  VENUE:  GENERAL RULE.  (a)  Except as otherwise
   1-19  provided by this subchapter or Subchapter B or C, all lawsuits
   1-20  shall be brought:
   1-21              (1)  in the county in which all or a substantial part
   1-22  of the events or omissions giving rise to the claim occurred;
   1-23              (2)  <cause of action accrued or> in the county of
   1-24  defendant's residence at the time the cause of action accrued if
    2-1  defendant is a natural person;
    2-2              (3)  in the county of the defendant's principal office
    2-3  in this state, if the defendant is not a natural person; or
    2-4              (4)  if Subdivisions (1), (2), and (3) do not apply, in
    2-5  the county in which the plaintiff resided at the time of the
    2-6  accrual of the cause of action.
    2-7        (b)  For the convenience of the parties and witnesses and in
    2-8  the interest of justice, a court may transfer an action from a
    2-9  county of proper venue under this subchapter or Subchapter C to any
   2-10  other county of proper venue on motion of a defendant filed and
   2-11  served concurrently with or before the filing of the answer, where
   2-12  the court finds:
   2-13              (1)  maintenance of the action in the county of suit
   2-14  would work an injustice to the movant considering the movant's
   2-15  economic and personal hardship;
   2-16              (2)  the balance of interests of all the parties
   2-17  predominates in favor of the action being brought in the other
   2-18  county; and
   2-19              (3)  the transfer of the action would not work an
   2-20  injustice to any other party.
   2-21        (c)  A court's ruling or decision to grant or deny a
   2-22  transfer under Subsection (b) is not grounds for appeal or mandamus
   2-23  and is not reversible error.
   2-24        Sec. 15.003.  MULTIPLE PLAINTIFFS AND INTERVENING PLAINTIFFS.
   2-25  (a)  In a suit where more than one plaintiff is joined each
   2-26  plaintiff must, independently of any other plaintiff, establish
   2-27  proper venue.  Any person who is unable to establish proper venue
    3-1  may not join or maintain venue for the suit as a plaintiff unless
    3-2  the person, independently of any other plaintiff, establishes that:
    3-3              (1)  joinder or intervention in the suit is proper
    3-4  under the Texas Rules of Civil Procedure;
    3-5              (2)  maintaining venue in the county of suit does not
    3-6  unfairly prejudice another party to the suit;
    3-7              (3)  there is an essential need to have the person's
    3-8  claim tried in the county in which the suit is pending; and
    3-9              (4)  the county in which the suit is pending is a fair
   3-10  and convenient venue for the person seeking to join in or maintain
   3-11  venue for the suit and the persons against whom the suit is
   3-12  brought.
   3-13        (b)  A person may not intervene or join in a pending suit as
   3-14  a plaintiff unless the person, independently of any other
   3-15  plaintiff:
   3-16              (1)  establishes proper venue for the county in which
   3-17  the suit is pending; or
   3-18              (2)  satisfies the requirements of Subdivisions (1)
   3-19  through (4) of Subsection (a).
   3-20        (c)  Any person seeking intervention or joinder, who is
   3-21  unable to independently establish proper venue, or a party opposing
   3-22  intervention or joinder of such a person may contest the decision
   3-23  of the trial court allowing or denying intervention or joinder by
   3-24  taking an interlocutory appeal to the court of appeals district in
   3-25  which the trial court is located under the procedures established
   3-26  for interlocutory appeals.  The appeal must be perfected not later
   3-27  than the 20th day after the date the trial court signs the order
    4-1  denying or allowing the intervention or joinder.  The court of
    4-2  appeals shall:
    4-3              (1)  determine whether the joinder or intervention is
    4-4  proper based on an independent determination from the record and
    4-5  not under either an abuse of discretion or substantial evidence
    4-6  standard; and
    4-7              (2)  render its decision not later than the 120th day
    4-8  after the date the appeal is perfected by the complaining party.
    4-9        Sec. 15.004.  MANDATORY VENUE PROVISION GOVERNS MULTIPLE
   4-10  CLAIMS.  In a suit in which a plaintiff properly joins two or more
   4-11  claims or causes of action arising from the same transaction,
   4-12  occurrence, or series of transactions or occurrences, and one of
   4-13  the claims or causes of action is governed by the mandatory venue
   4-14  provisions of Subchapter B, the suit shall be brought in the county
   4-15  required by the mandatory venue provision.
   4-16        Sec. 15.005.  MULTIPLE DEFENDANTS.  In a suit in which the
   4-17  plaintiff has established proper venue against a defendant, the
   4-18  court also has venue of all the defendants in all claims or actions
   4-19  arising out of the same transaction, occurrence, or series of
   4-20  transactions or occurrences.
   4-21        Sec. 15.006.  VENUE DETERMINED BY FACTS EXISTING AT THE TIME
   4-22  OF ACCRUAL.  A court shall determine the venue of a suit based on
   4-23  the facts existing at the time the cause of action that is the
   4-24  basis of the suit accrued.
   4-25        Sec. 15.007.  CONFLICT WITH CERTAIN PROVISIONS.
   4-26  Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent
   4-27  that venue under this chapter for a suit by or against an executor,
    5-1  administrator, or guardian as such, for personal injury, death, or
    5-2  property damage conflicts with venue provisions under the Texas
    5-3  Probate Code, this chapter controls.
    5-4        SECTION 2.  Subchapter B, Chapter 15, Civil Practice and
    5-5  Remedies Code, is amended by amending Section 15.011 and by adding
    5-6  Sections 15.0115 and 15.018 to read as follows:
    5-7        Sec. 15.011.  LAND.  Actions for recovery of real property or
    5-8  an estate or interest in real property, for partition of real
    5-9  property, to remove encumbrances from the title to real property,
   5-10  for recovery of damages to real property, or to quiet title to real
   5-11  property shall be brought in the county in which all or a part of
   5-12  the property is located.
   5-13        Sec. 15.0115.  LANDLORD-TENANT.  (a)  Except as provided by
   5-14  another statute prescribing mandatory venue, a suit between a
   5-15  landlord and a tenant arising under a lease shall be brought in the
   5-16  county in which all or a part of the real property is located.
   5-17        (b)  In this section, "lease" means any written or oral
   5-18  agreement between a landlord and a tenant that establishes or
   5-19  modifies the terms, conditions, or other provisions relating to the
   5-20  use and occupancy of the real property that is the subject of the
   5-21  agreement.
   5-22        Sec. 15.018.  FEDERAL EMPLOYERS' LIABILITY ACT AND JONES ACT.
   5-23  (a)  This section only applies to suits brought under the federal
   5-24  Employers' Liability Act (45 U.S.C. Section 51 et seq.) or the
   5-25  Jones Act (46 U.S.C. Section 688).
   5-26        (b)  All suits brought under the federal Employers' Liability
   5-27  Act or the Jones Act shall be brought:
    6-1              (1)  in the county in which all or a substantial part
    6-2  of the events or omissions giving rise to the claim occurred;
    6-3              (2)  in the county where the defendant's principal
    6-4  office in this state is located; or
    6-5              (3)  in the county where the plaintiff resided at the
    6-6  time the cause of action accrued.
    6-7        SECTION 3.  Sections 15.032 and 15.033, Civil Practice and
    6-8  Remedies Code, are amended to read as follows:
    6-9        Sec. 15.032.  INSURANCE.  Suit against fire, marine, or
   6-10  inland insurance companies may also be commenced in any county in
   6-11  which the insured property was situated.  A suit on a policy may be
   6-12  brought against any life insurance company, or accident insurance
   6-13  company, or life and accident, or health and accident, or life,
   6-14  health, and accident insurance company in the county in which the
   6-15  company's principal office in this state <home office of the
   6-16  company> is located or in the county in which the loss has occurred
   6-17  or in which the policyholder or beneficiary instituting the suit
   6-18  resided at the time the cause of action accrued <resides>.
   6-19        Sec. 15.033.  BREACH OF WARRANTY BY MANUFACTURER.  A suit for
   6-20  breach of warranty by a manufacturer of consumer goods may be
   6-21  brought in any county in which all or a substantial part of the
   6-22  events or omissions giving rise to the claim occurred <cause of
   6-23  action accrued>, in the <any> county in which the manufacturer has
   6-24  its <may have an agency or representative, in the county in which
   6-25  the> principal office in this state <of the company may be
   6-26  situated>, or in the county in which the plaintiff resided at the
   6-27  time the cause of action accrued <or plaintiffs reside>.
    7-1        SECTION 4.  Section 15.062, Civil Practice and Remedies Code,
    7-2  is amended to read as follows:
    7-3        Sec. 15.062.  COUNTERCLAIMS, CROSS CLAIMS, AND THIRD-PARTY
    7-4  CLAIMS.  (a)  Venue of the main action shall establish venue of a
    7-5  counterclaim, cross claim, or third-party claim properly joined
    7-6  under the Texas Rules of Civil Procedure or any applicable statute.
    7-7        (b)  If an original defendant properly joins a third-party
    7-8  defendant, venue shall be proper for a claim arising out of the
    7-9  same transaction, occurrence, or series of transactions or
   7-10  occurrences by the plaintiff against the third-party defendant if
   7-11  the claim arises out of the subject matter of the plaintiff's claim
   7-12  against the original defendant.
   7-13        SECTION 5.  Subchapter D, Chapter 15, Civil Practice and
   7-14  Remedies Code, is amended by adding Sections 15.0641 and 15.0642 to
   7-15  read as follows:
   7-16        Sec. 15.0641.  VENUE RIGHTS OF MULTIPLE DEFENDANTS.  In a
   7-17  suit in which two or more defendants are joined, any action or
   7-18  omission by one defendant in relation to venue, including a waiver
   7-19  of venue by one defendant, does not operate to impair or diminish
   7-20  the right of any other defendant to properly challenge venue.
   7-21        Sec. 15.0642.  MANDAMUS.  A party may apply for a writ of
   7-22  mandamus with an appellate court to enforce the mandatory venue
   7-23  provisions of this chapter.  An application for the writ of
   7-24  mandamus must be filed before the later of:
   7-25              (1)  the 90th day before the date the trial starts; or
   7-26              (2)  the 10th day after the date the party receives
   7-27  notice of the trial setting.
    8-1        SECTION 6.  Subchapter D, Chapter 15, Civil Practice and
    8-2  Remedies Code, is amended by adding Section 15.066 to read as
    8-3  follows:
    8-4        Sec. 15.066.  CONFLICT WITH RULES OF CIVIL PROCEDURE.
    8-5  Subject to Section 22.004, Government Code, to the extent that this
    8-6  chapter conflicts with the Texas Rules of Civil Procedure, this
    8-7  chapter controls.
    8-8        SECTION 7.  Section 17.56, Business & Commerce Code, is
    8-9  amended to read as follows:
   8-10        Sec. 17.56.  VENUE.  Except as provided by Article 5.06-1(8),
   8-11  Insurance Code, an <An> action brought which alleges a claim to
   8-12  relief under Section 17.50 of this subchapter shall be brought as
   8-13  provided by Chapter 15, Civil Practice and Remedies Code <may be
   8-14  commenced in the county in which the person against whom the suit
   8-15  is brought resides, has his principal place of business, or has a
   8-16  fixed and established place of business at the time the suit is
   8-17  brought or in the county in which the alleged act or practice
   8-18  occurred or in a county in which the defendant or an authorized
   8-19  agent of the defendant solicited the transaction made the subject
   8-20  of the action at bar>.
   8-21        SECTION 8.  Article 5.06-1, Insurance Code, is amended by
   8-22  adding Section (8) to read as follows:
   8-23        (8)  Notwithstanding Section 15.032, Civil Practice and
   8-24  Remedies Code, an action against an insurer in relation to the
   8-25  coverage provided under this article, including an action to
   8-26  enforce that coverage, may be brought only:
   8-27              (a)  in the county in which the policyholder or
    9-1  beneficiary instituting the suit resided at the time of the
    9-2  accident; or
    9-3              (b)  in the county in which the accident involving the
    9-4  uninsured or underinsured motor vehicle occurred.
    9-5        SECTION 9.  Section 92.007, Property Code, is amended to read
    9-6  as follows:
    9-7        Sec. 92.007.  VENUE.  Venue for an action under this chapter
    9-8  is governed by Section 15.0115, Civil Practice and Remedies Code
    9-9  <in the county in which the premises are located>.
   9-10        SECTION 10.  Sections 15.036, 15.037, 15.040, and 15.061,
   9-11  Civil Practice and Remedies Code, are repealed.
   9-12        SECTION 11.  (a)  Except as provided by Subsection (b) of
   9-13  this section, this Act applies only to a suit commenced on or after
   9-14  September 1, 1995.  A suit commenced before September 1, 1995, is
   9-15  governed by the law applicable to the suit immediately before the
   9-16  effective date of this Act, and that law is continued in effect for
   9-17  that purpose.
   9-18        (b)  Venue under Section 15.018, Civil Practice and Remedies
   9-19  Code, as added by this Act, applies only to a suit commenced on or
   9-20  after January 1, 1996.  Venue under that section for a suit
   9-21  commenced before January 1, 1996, is governed by the law applicable
   9-22  to the suit immediately before the effective date of this Act, and
   9-23  that law is continued in effect for that purpose.
   9-24        SECTION 12.  The importance of this legislation and the
   9-25  crowded condition of the calendars in both houses create an
   9-26  emergency and an imperative public necessity that the
   9-27  constitutional rule requiring bills to be read on three several
   10-1  days in each house be suspended, and this rule is hereby suspended,
   10-2  and that this Act take effect and be in force from and after its
   10-3  passage, and it is so enacted.