2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle A - Courts › Chapter 25A - Business Court › Section 25A.006. Initial Filing; Removal and Remand

Sec. 25A.006.  INITIAL FILING; REMOVAL AND REMAND.  (a)  An action within the jurisdiction of the business court may be filed in the business court.  The party filing the action must plead facts to establish venue in a county in a division of the business court, and the business court shall assign the action to that division.  Venue may be established as provided by law or, if a written contract specifies a county as venue for the action, as provided by the contract.
(b)  If the business court does not have jurisdiction of the action, the court shall, at the option of the party filing the action:
(1)  transfer the action to a district court or county court at law in a county of proper venue; or
(2)  dismiss the action without prejudice to the party's rights.
(c)  If, after an action is assigned to a division of the business court, the court determines that the division's geographic territory does not include a county of proper venue for the action, the court shall:
(1)  if an operating division of the court includes a county of proper venue, transfer the action to that division; or
(2)  if there is not an operating division of the court that includes a county of proper venue, at the option of the party filing the action, transfer the action to a district court or county court at law in a county of proper venue.
(d)  A party to an action filed in a district court or county court at law that is within the jurisdiction of the business court may remove the action to the business court.  If the business court does not have jurisdiction of the action, the business court shall remand the action to the court in which the action was originally filed.
(e)  A party to an action filed in a district court or county court at law in a county of proper venue that is not within an operating division of the business court or the judge of the court in which the action is filed may not remove or transfer the action to the business court.
(f)  A party may file an agreed notice of removal at any time during the pendency of the action.  If all parties to the action have not agreed to remove the action, the notice of removal must be filed:
(1)  not later than the 30th day after the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court's jurisdiction over the action; or
(2)  if an application for temporary injunction is pending on the date the party requesting removal of the action discovered, or reasonably should have discovered, facts establishing the business court's jurisdiction over the action, not later than the 30th day after the date the application is granted, denied, or denied as a matter of law.
(g)  The notice of removal must be filed with the business court and the court in which the action was originally filed.  On receipt of the notice, the clerk of the court in which the action was originally filed shall immediately transfer the action to the business court in accordance with rules adopted by the supreme court, and the business court clerk shall assign the action to the appropriate division of the business court.
(h)  The filing of an action or a notice of removal in the business court is subject to Section 10.001, Civil Practice and Remedies Code.
(i)  Removal of a case to the business court is not subject to the statutes or rules governing the due order of pleading.
(j)  Removal of a case does not waive a defect in venue or constitute an appearance to determine personal jurisdiction.
(k)  The judge of a court in which an action is filed may request the presiding judge for the court's administrative region to transfer the action to the business court if the action is within the business court's jurisdiction.  The judge shall notify all parties of the transfer request and request a hearing on the transfer request.  After a hearing on the request, the presiding judge may transfer the action to the business court if the presiding judge finds the transfer will facilitate the fair and efficient administration of justice.  The business court clerk shall assign an action transferred under this subsection to the appropriate division of the business court.
(l)  The business court judge on establishment of jurisdiction and venue over an action shall by order declare the county in which any jury trial for the action will be held as determined under Section 25A.015.
Added by Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 1, eff. September 1, 2023.