[Image: Sinisa Vidic/istockphoto]

Texas is changing its legal landscape with the opening of new specialized business court divisions in September, following the passage of House Bill 19 last year.

Signed by Governor Greg Abbott in June 2023, the law created statewide specialty commercial litigation courts to simplify the resolution of commercial disputes. Abbott said the courts would provide an “efficient mechanism” for commercial disputes in Texas.

Dallas, Fort Worth, Austin, Houston and San Antonio will host the first of the state's 11 new business court divisions.

The five business courts in urban centers are scheduled to open in September 2024. According to a press release from the governor's office, the move is intended to ease the burden on traditional courts and speed up litigation across the state. A statewide appeals court, the Austin-based Fifteenth Court of Appeals, which will hear appeals from the business courts, will also open in September.

Together with 30 other states, we now have specialized commercial courts

The creation of six additional departments serving more rural parts of Texas has been referred to the Texas Legislature for approval and funding in 2025.

Texas is one of nearly 30 states that have some form of such specialty courts. Abbott said the new courts will allow Texas to continue to lead the way in creating a favorable business climate.

The governor and other supporters of the state's new specialized business court system say it will meet the needs of the increasing volume and complexity of business disputes and could provide more cost-effective dispute resolution for businesses.

Jurisdiction model of the Texas commercial courts

Texas' new commercial courts will have jurisdiction over certain types of complex commercial disputes, including derivatives claims, securities claims, breach of fiduciary duty cases and business transactions where the amount in dispute exceeds certain thresholds – generally $10 million, depending on the type of case. However, the courts will not hear claims for medical malpractice, personal injury or attorney malpractice.

House Bill 19 also included provisions for the transfer of qualified cases from district or circuit courts to Texas' business courts to ensure that the cases benefit from the expertise of business-oriented judges.

“By appointing judges with expertise in commercial law, we can create a more predictable and efficient process for resolving commercial disputes, which is critical to economic growth,” Governor Abbott said in a statement.

Abbott recently announced the appointments of judges for Dallas and Fort Worth counties. The appointments will take effect on September 1 and will serve two-year terms, with the possibility of reappointment.

Appointments to the Dallas Business Court

The First Business Court Division in Dallas will serve Collin, Dallas, Ellis, Fannin, Grayson, Kaufman and Rockwall counties. Andrea Bouressa and William “Bill” Whitehill were appointed judges.

Bouressa currently serves as a judge in the 471st District Court and has been recognized for her service to the legal community. Whitehill, who was appointed along with Bouressa, is a former judge in the 5th Texas Circuit Court of Appeals and a member of Condon Tobin Sladek Thornton Nerenberg PLLC.

Appointments to the Fort Worth Business Court

The Eighth Business Court Division in Fort Worth will serve Archer, Clay, Cooke, Denton, Eastland, Erath, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell, Stephens, Tarrant, Wichita, Wise and Young counties. Jerry Bullard and Brian Stagner were appointed judges.

Bullard is a partner and attorney at Adams, Lynch & Loftin, PC and brings over 30 years of litigation experience in state and federal courts. Stagner is a counsel at Kelly Hart & Hallman LLP and an adjunct professor at Texas Christian University.

The appointments are part of a larger group of judicial appointments to the new Texas business courts in Houston, San Antonio and Austin made by Governor Abbott this month.

Earlier this year, the Texas Lawbook found that at least twenty people had applied for positions in the new business courts and the 15th Circuit Court of Appeals.

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