Tex. R. Civ. P. 354 · Part III. RULES OF PRACTICE IN THE BUSINESS COURT
ACTION ORIGINALLY FILED IN THE BUSINESS COURT
Text — As posted by the Supreme Court of Texas (file dated October 2, 2026)
(a) Pleading Requirements. For an action originally filed in the business court, an original pleading that sets forth a claim for relief—whether an original petition, counterclaim, cross-claim, or third party claim—must, in addition to the pleading requirements specified in Part II of these rules, plead facts to establish the business court’s authority to hear the action. An original petition must also plead facts to establish venue in a county in an operating division of the business court.
(b) Clerk Duties. The business court clerk must assign the action to a division of the business court. If the division has more than one judge, then the clerk must randomly assign the action to a specific judge within that division.
(c) Challenges.
(1) To Venue. A motion challenging venue must comply with Rules 86 and 87.
(2) To Authority. A motion challenging the business court’s authority to hear an action must be filed within 30 days of the movant’s appearance.
(d) Transfer or Dismissal.
(1) Venue Transfer. If the business court determines, on a party’s motion, that the division’s geographic territory does not include a county of proper venue for the action, the business court must:
(A) if an operating division of the business court includes a county of proper venue, transfer the action to that division; or
(B) if there is not an operating division of the business court that includes a county of proper venue, at the request of the party filing the action, transfer the action to a district court or county court at law in a county of proper venue.
(2) Authority. If the business court determines, on a party’s motion or its own initiative, that it does not have the authority to hear the action, the business court must:
(A) if the determination was made on its own initiative, provide at least 10 days’ notice of the intent to transfer or dismiss and an opportunity to be heard on any objection; and
(B) at the request of the party filing the action:
(i) transfer the action to a district court or county court at law in a county of proper venue; or
(ii) dismiss the action without prejudice to the parties’ claims.
Notes and commentary — not rule text
Notes and Comments
Comment to 2024 change: Rule 354 is adopted to implement Texas Government Code Sections 25A.006(a)-(c) and 25A.020(a)(2). Texas Government Code Section 25A.004 specifies the business court’s authority to hear an action.
Source of truth
- Edition
- As posted by the Supreme Court of Texas (file dated October 2, 2026)
- Official file
- https://www.txcourts.gov/media/1463426/texas-rules-of-civil-procedure.pdf (PDF pages 234–235)
- Text hash
- sha256 dbd5ed676676a1656a1674bec408a3fc33d8db66f9f8e4ad9e30cf8b4ea0d3a6
- Composed by
- compose_tx_rules.py 2026-10-05: two PDF extractors agree character for character after the same chrome removal
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.