The Texas business courts were established by Chapter 25A of the Texas Government Code, as amended by House Bill 19 and subsequent legislation, including HB 40. They have concurrent jurisdiction with district courts over certain high-value business disputes, with jurisdictional prerequisites including specific subject-matter categories, a minimum amount in controversy (generally $5 million as of September 1, 2025), and, in some cases, the involvement of a publicly traded company. Actions must be commenced on or after September 1, 2024, to be eligible for filing or removal, except that, under recent amendments, agreed removals of pre-September 1, 2024 cases may be permitted if all parties consent and the business court approves.
To file directly in the business court, the plaintiff must plead facts establishing both subject-matter jurisdiction and proper venue in a county within an operating division of the business court. For removal, a party to a qualifying action filed in district or county court may remove the entire action (not just individual claims) to the business court by filing a notice of removal in both courts, either at any time by agreement or, if contested, within 30 days of service or discovery of jurisdictional facts. If the business court lacks jurisdiction, it must transfer or remand the case as appropriate.
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Filing a Case in the Texas Business Courts
To file a case in the Texas business courts, these main requirements must be met:
- Type of Case: The case must be a business dispute. This includes things like disagreements between business owners, issues about how a company is run, certain contract disputes between businesses, or cases involving trade secrets or intellectual property. Not all business cases qualify—there are specific categories set by law.
- Amount in Dispute: Usually, the amount of money involved in the dispute must be more than $5 million (not counting things like interest or attorney’s fees). There are some exceptions, such as cases involving publicly traded companies, where this dollar limit may not apply.
- When the Case Started: The case must have started (meaning the lawsuit was filed) on or after September 1, 2024. There is a special exception: if all parties in an older case agree, and the business court approves, the case can be moved to the business court.
- Location: The case must be connected to a county where the business court operates. Not all counties in Texas have a business court division.
- What’s Not Allowed: The business court cannot hear cases involving government agencies, personal injury, medical malpractice, legal malpractice, insurance policy disputes, or certain consumer issues.
Moving (Removing) a Case to the Texas Business Courts
If a business case is already filed in a regular Texas district or county court, it can sometimes be moved to the business court. Here’s how that works:
- Qualifying Case: The case must meet the same requirements as above (type of case, amount in dispute, location, and timing).
- Who Can Move the Case: Any party in the case can ask to move it to the business court.
- How to Move the Case: The party must file a notice in both the original court and the business court. The whole case (not just part of it) is moved.
- When to Move the Case: If everyone agrees, the case can be moved at any time. If not everyone agrees, the request must be made within 30 days after the party is served with the lawsuit or learns that the case qualifies for business court. If there’s a temporary injunction hearing, the 30 days starts after that hearing is finished.
- If the Business Court Can’t Take the Case: If the business court decides it doesn’t have the authority to hear the case, it will send the case back to the original court.
Conclusion
The Texas business courts are designed for certain large or complex business disputes. To use these courts, your case must fit specific rules about the type of dispute, the amount of money involved, when and where the case was filed, and more. If your case qualifies, you can file it directly in the business court or, in some situations, move it there from another court.
All legal situations are different, for advice regarding your business dispute, consult an attorney to see if your case qualifies for the business court.
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