For decades, complex business disputes in Texas moved through general district courts alongside every other category of civil matter. Judges elected by the general public handled commercial litigation the same way they handled family law, personal injury, and probate cases, with no requirement that they have any background in business law. That changed on September 1, 2024, when the Texas Business Court opened. For businesses involved in significant commercial disputes, understanding what this court is, what it can hear, and whether a given case belongs there is now a real question in litigation strategy.
What the Texas Business Court Is and Why It Was Created
The Texas Business Court was created by House Bill 19, passed by the 88th Texas Legislature. The stated purpose was to give businesses confidence in the Texas legal system and to encourage companies to incorporate and operate in the state. The court is a statewide specialized trial court designed to resolve complex commercial disputes before judges with focused expertise in business law.
The court is organized into eleven geographical divisions. Five are currently operational, with judges sitting in Dallas, Austin, San Antonio, Fort Worth, and Houston. The remaining six divisions are not yet staffed and will not have appointed judges until at least July 2026. Cases must be filed or removed in a county served by one of the five active divisions.
Business Court judges are appointed by the governor with Senate consent to two-year renewable terms. To qualify, a judge must be at least 35 years old, licensed to practice law in Texas, and must have at least 10 years of experience in complex civil business litigation, business transaction law, or service as a Texas civil court judge. That requirement has no equivalent in the general district court system, where judges are elected by the public with no subject matter qualification.
What Cases the Texas Business Court Can Hear
The Business Court’s jurisdiction was amended in September 2025, expanding the court’s reach in several ways. Under the current framework the court has jurisdiction over cases where the amount in controversy exceeds $5 million and the dispute falls within one of the court’s enumerated subject matter categories.
Those categories include derivative proceedings; corporate governance matters; securities law claims under Texas law; actions between a business organization and its owners, members, or managers; breach of fiduciary duty claims; veil-piercing and alter ego claims; matters arising under the Texas Business Organizations Code; intellectual property and trade secret disputes; and arbitration enforcement proceedings.
Cases involving a publicly traded company fall within Business Court jurisdiction regardless of the amount in controversy. This provides an independent basis for jurisdiction where one of the parties is a public company even if the disputed amount does not reach $5 million.
Parties may also elect Business Court jurisdiction by contract, provided the agreement is a business, commercial, or investment contract.
How to Get Your Case Into the Texas Business Court
A case reaches the Business Court through one of three pathways. A plaintiff may file directly if the case meets the jurisdictional requirements and the dispute is centered in a county served by an active division. A defendant served with a district court petition may remove the case to the Business Court within 30 days of discovering the facts that establish Business Court jurisdiction. All parties may also agree to remove a case at any point during its pendency, including cases filed before September 1, 2024, provided the Business Court grants permission and the case meets the current jurisdictional requirements.
Key Advantages of the Texas Business Court
The practical advantages of the Texas Business Court come down to three things: judicial expertise, written opinions, and a focused docket.
Judges with concentrated commercial experience handle discovery disputes, motion practice, and trial differently than judges managing a general civil docket. The Business Court’s written opinion requirement sets it apart from every other Texas trial court. When a party requests it, the Business Court must issue a written opinion on any ruling. Written opinions create a developing body of Texas commercial law and give appellate courts a foundation to review cases.
Appeals from the Business Court go to the Fifteenth Court of Appeals, a newly created court with statewide jurisdiction and judges appointed with commercial expertise. That structure is designed to produce consistent review of Business Court decisions as the court’s body of law develops.
Is the Texas Business Court Right for Your Dispute
Not every qualifying case is better served in the Business Court than in district court or federal court. The analysis involves the jurisdictional threshold, the subject matter of the claims, the location of the dispute, and whether the strategic profile of the matter favors a specialized commercial court.
Roquemore Skierski PLLC is prepared to pursue matters in the Texas Business Court and evaluate whether the venue serves a client’s interests. If your business is involved in a dispute that may qualify for the Texas Business Court, contact Roquemore Skierski PLLC to discuss whether this court is the right venue for your case.