Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Yes | Neutral | Neutral | Neutral | Positive | Positive |
Relating to the creation of the business court and the Court of Business Appeals to hear certain cases; authorizing fees.
Estimated Two-year Net Impact to General Revenue Related Funds for HB 1875, Committee Report 1st House, Substituted: a negative impact of ($12,381,466) through the biennium ending August 31, 2023.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
HB 1875 would create a statewide business trial court and business appellate court. The business trial court would have concurrent jurisdiction with any district court over civil derivative actions brought on behalf of a business and any civil actions between businesses in which the amount at controversy exceeds $10 million. Judges on the business trial court would be appointed by the Governor for two-year terms and would have to have at least 10 years of combined experience in complex business litigation, business transaction law, or serving as a civil judge in Texas. If enacted, the trial court would meet in Travis County.
The business appellate court would have exclusive jurisdiction over appeals from the business trial court. Justices on the business appellate court would also be appointed by the Governor for two-year terms and would have to meet the same qualifications as judges on the trial court. The appellate court would be able to hear an appeal in any location convenient for the case.
Texas Action supports HB 1875 because it would advance individual liberty and limited government. Judges serving in statewide district courts and Courts of Appeal do not always have knowledge or experience in complex business litigation, thus producing arbitrary results for litigants. The creation of specific business courts in Texas would further protect individuals' rights to fair proceedings and a speedy adjudication of their case.