Summary
This per curiam opinion from the Business Court of Texas addresses a challenge to the court's jurisdiction over a civil suit. The court analyzed the plain language of House Bill 19 and Chapter 25A of the Texas Government Code, which governs removal to the state's business courts. Concluding that the removal statute only applies to cases commenced on or after September 1, 2024, the court determined it lacked jurisdiction over the plaintiff's 2022 suit and dismissed the matter accordingly.
Topics
Questions Presented
- Whether the Texas Business Court has subject‑matter jurisdiction over a case removed that was commenced before September 1, 2024 under H.B. 19 and Chapter 25A of the Texas Government Code.
Holdings
- The Business Court lacks jurisdiction over a case removed that was commenced before September 1, 2024 because Chapter 25A’s removal procedure applies only to cases commenced on or after that date.
Key quotations
“The Court concluded it lacked jurisdiction over the case because Chapter 25A of the Texas Government Code and its removal procedure applies to cases commenced on or after September 1, 2024.” (syllabus)
Factual background
Plaintiff filed a suit in district court in 2022. The parties consented to removal of that suit to the Texas Business Court under Chapter 25A. The removal occurred before the effective date of H.B. 19, which governs removals for cases commenced on or after September 1, 2024.
Procedural history
The suit was originally filed in district court in 2022. Plaintiff removed the case to the Texas Business Court under Chapter 25A of the Texas Government Code. Both parties consented to removal. The Business Court considered whether it had jurisdiction over a case commenced before September 1, 2024.
Remand instructions
Remand the case back to the district court.