On June 1, 2025, which was the last day of the 2025 Regular Session of the Texas Legislature, the Legislature passed House Bill 40 (“HB 40”), which would amend Texas Government Code Chapter 25A, the statute that established the Texas Business Court, and would make various other clarifying and technical amendments to Texas statutes in relation to the Business Court. HB 40 has been sent to the desk of Governor Abbott for his signature. Unless vetoed by the Governor, these amendments will go into effect on September 1, 2025. HB 40 was the subject of much backroom negotiation over the course of the legislative session, and many of the amendments that were in the original draft of HB 40 were removed as a result of opposition or requests from various legislators.   

A summary of the most significant amendments contained in HB 40 that may affect our clients are set forth below. As passed, HB40:

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