HB40 - Relating to the business court.

      H.B. No. 40         AN ACT   relating to the business court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.101(e), Civil Practice and Remedies   Code, is amended to read as follows:          (e)  A prefiling order entered under Subsection (a) by a   district court, a [ or ] statutory county court , or the business   court applies to each court in this state.          SECTION 2.  Section 15.003(c), Civil Practice and Remedies   Code, is amended to read as follows:          (c)  An interlocutory appeal permitted by Subsection (b)   must be taken to the court of appeals district in which the trial   court is located under the procedures established for interlocutory   appeals , except that an interlocutory appeal from the business   court must be taken to the Fifteenth Court of Appeals . The appeal   may be taken by a party that is affected by the trial court's   determination under Subsection (a). The court of appeals shall:                (1)  determine whether the trial court's order is   proper based on an independent determination from the record and   not under either an abuse of discretion or substantial evidence   standard; and                (2)  render judgment not later than the 120th day after   the date the appeal is perfected.          SECTION 3.  Section 19.003(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  To supply a record that has been lost, destroyed, or   removed:                (1)  a person interested in an instrument or in a   judgment, order, or decree of the district court may file an   application with the district clerk of the county in which the   record was lost or destroyed or from which the record was removed;   [ or ]                (2)  a person interested in a judgment, order, or   decree of a county court may file an application with the clerk of   the court to which the record belonged ; or                 (3)     a person interested in a judgment, order, or   decree of the business court may file an application with the clerk   of the business court .          SECTION 4.  Section 20.001(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A deposition on written questions of a witness who is   alleged to reside or to be in this state may be taken by:                (1)  a clerk of a district court;                (2)  a judge or clerk of a county court; [ or ]                (3)   a judge or clerk of the business court; or                 (4)   a notary public of this state.          SECTION 5.  Section 30.014(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  In a civil action, including a probate or guardianship   proceeding, filed in a district court, a county court, a statutory   county court, a [ or ] statutory probate court , or the business   court , each party or the party's attorney shall include in its   initial pleading:                (1)  the last three numbers of the party's driver's   license number, if the party has been issued a driver's license; and                (2)  the last three numbers of the party's social   security number, if the party has been issued a social security   number.          SECTION 6.  Section 30.015(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  In a civil action filed in a district court, a county   court, a statutory county court, a [ or ] statutory probate court , or   the business court , each party or the party's attorney must provide   the clerk of the court with written notice of the party's name and   current residence or business address.          SECTION 7.  Section 30.016(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  In this section, "tertiary recusal motion" means a third   or subsequent motion for recusal or disqualification filed against   a district court , [ or ] statutory county court , or business court   judge by the same party in a case.          SECTION 8.  Sections 30.017(a) and (c), Civil Practice and   Remedies Code, are amended to read as follows:          (a)  A claim against a district court, statutory probate   court, [ or ] statutory county court , or business court judge that is   added to a case pending in the court to which the judge was elected   or appointed:                (1)  must be made under oath;                (2)  may not be based solely on the rulings in the   pending case but must plead specific facts supporting each element   of the claim in addition to the rulings in the pending case; and                (3)  is automatically severed from the case.          (c)  The presiding judge of the administrative region , [ or ]   the presiding judge of the statutory probate courts , or the   administrative presiding judge of the business court shall assign   the severed claim to a different judge.  The judge shall dismiss the   claim if the claim does not satisfy the requirements of Subsection   (a)(1) or (2).          SECTION 9.  Section 51.014(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A person may appeal from an interlocutory order of a   district court, a county court at law, a statutory probate court, a   [ or ] county court , or the business court that:                (1)  appoints a receiver or trustee;                (2)  overrules a motion to vacate an order that   appoints a receiver or trustee;                (3)  certifies or refuses to certify a class in a suit   brought under Rule 42 of the Texas Rules of Civil Procedure;                (4)  grants or refuses a temporary injunction or grants   or overrules a motion to dissolve a temporary injunction as   provided by Chapter 65;                (5)  denies a motion for summary judgment that is based   on an assertion of immunity by an individual who is an officer or   employee of the state or a political subdivision of the state;                (6)  denies a motion for summary judgment that is based   in whole or in part upon a claim against or defense by a member of   the electronic or print media, acting in such capacity, or a person   whose communication appears in or is published by the electronic or   print media, arising under the free speech or free press clause of   the First Amendment to the United States Constitution, or Article   I, Section 8, of the Texas Constitution, or Chapter 73;                (7)  grants or denies the special appearance of a   defendant under Rule 120a, Texas Rules of Civil Procedure, except   in a suit brought under the Family Code;                (8)  grants or denies a plea to the jurisdiction by a   governmental unit as that term is defined in Section 101.001;                (9)  denies all or part of the relief sought by a motion   under Section 74.351(b), except that an appeal may not be taken from   an order granting an extension under Section 74.351;                (10)  grants relief sought by a motion under Section   74.351(l);                (11)  denies a motion to dismiss filed under Section   90.007;                (12)  denies a motion to dismiss filed under Section   27.003;                (13)  denies a motion for summary judgment filed by an   electric utility regarding liability in a suit subject to Section   75.0022;                (14)  denies a motion filed by a municipality with a   population of 500,000 or more in an action filed under Section   54.012(6) or 214.0012, Local Government Code;                (15)  makes a preliminary determination on a claim   under Section 74.353;                (16)  overrules an objection filed under Section   148.003(d) or denies all or part of the relief sought by a motion   under Section 148.003(f); or                (17)  grants or denies a motion for summary judgment   filed by a contractor based on Section 97.002.          SECTION 10.  Section 51.016, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 51.016.  APPEAL ARISING UNDER FEDERAL ARBITRATION ACT.   In a matter subject to the Federal Arbitration Act (9 U.S.C. Section   1 et seq.), a person may take an appeal or writ of error to the court   of appeals from the judgment or interlocutory order of a district   court, a county court at law, a [ or ] county court , or the business   court under the same circumstances that an appeal from a federal   district court's order or decision would be permitted by 9 U.S.C.   Section 16.          SECTION 11.  Section 61.021, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 61.021.  WHO MAY ISSUE. The judge or clerk of a   district court, a [ or ] county court , or the business court or a   justice of the peace may issue a writ of original attachment   returnable to the [ his ] court of issuance .          SECTION 12.  Section 63.002, Civil Practice and Remedies   Code, is amended to read as follows:          Sec. 63.002.  WHO MAY ISSUE. The clerk of a district court,   a [ or ] county court , or the business court or a justice of the peace   may issue a writ of garnishment returnable to the clerk's [ his ]   court.          SECTION 13.  Section 64.091(b), Civil Practice and Remedies   Code, is amended to read as follows:          (b)  In the following actions, a district court or the   business court may appoint a receiver for the mineral interest or   leasehold interest under a mineral lease owned by a nonresident or   absent defendant:                (1)  an action that is brought by a person claiming or   owning an undivided mineral interest in land in this state or an   undivided leasehold interest under a mineral lease of land in this   state and that has one or more defendants who have, claim, or own an   undivided mineral interest in the same property; or                (2)  an action that is brought by a person claiming or   owning an undivided leasehold interest under a mineral lease of   land in this state and that has one or more defendants who have,   claim, or own an undivided leasehold interest under a mineral lease   of the same property.          SECTION 14.  Sections 64.092(a) and (c), Civil Practice and & [Text truncated for display. 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