CHAPTER 101. LABOR ORGANIZATIONS - Texas Statutes

LABOR CODE

TITLE 3. EMPLOYER-EMPLOYEE RELATIONS

CHAPTER 101. LABOR ORGANIZATIONS

SUBCHAPTER A. RIGHTS OF WORKING PERSONS

Sec. 101.001. RIGHT TO ORGANIZE. All persons engaged in any

kind of labor may associate and form trade unions and other

organizations to protect themselves in their personal labor in

their respective employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.002. RIGHT TO INFLUENCE ANOTHER REGARDING EMPLOYMENT.

(a) A person by peaceful and lawful means may induce or attempt

to induce another to:

(1) enter or refuse to enter a particular employment; or

(2) quit a particular employment in which the other person is

then engaged.

(b) A member of a trade union or other organization may not

enter the premises of another without the consent of the owner of

the premises.

(c) This section does not apply to an association formed, an act

taken, or an agreement made:

(1) to limit the production, transportation, use, or consumption

of labor's products; or

(2) that creates a trust or conspiracy in restraint of trade

under the laws of this state.

(d) Subsection (c) does not interfere with the terms of a

private contract between an employer and an employee with regard

to the time of service or other stipulations.

(e) Subsection (c) may not be construed as repealing or

affecting a statute on trusts, conspiracies against trade, pools,

or monopolies.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.003. RIGHT TO BARGAIN. A person's inherent right to

work and to bargain freely with the person's employer,

individually or collectively, for terms of the person's

employment may not be denied or infringed by law or by any

organization.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.004. CONTRACT FOR WITHHOLDING UNION DUES FROM

EMPLOYEE'S COMPENSATION VOID WITHOUT EMPLOYEE'S CONSENT. A

contract that permits or requires the retention of part of an

employee's compensation to pay dues or assessments on the

employee's part to a labor union is void unless the employee

delivers to the employer the employee's written consent to the

retention of those sums.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER B. RIGHT TO WORK

Sec. 101.051. DEFINITION. In this subchapter, "labor union"

means an incorporated or unincorporated association, group,

union, lodge, local, branch, or subordinate organization of a

union of working persons organized and existing to protect those

persons and to improve their working conditions, wages, or

employment relationships, but does not include an organization

not commonly regarded as a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.052. DENIAL OF EMPLOYMENT BASED ON LABOR UNION

MEMBERSHIP PROHIBITED. A person may not be denied employment

based on membership or nonmembership in a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.053. CONTRACT REQUIRING OR PROHIBITING LABOR UNION

MEMBERSHIP VOID. A contract is void if it requires that, to work

for an employer, employees or applicants for employment:

(1) must be or may not be members of a labor union; or

(2) must remain or may not remain members of a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER C. REGULATION OF LABOR UNIONS

Sec. 101.101. DEFINITIONS. In this subchapter:

(1) "Enforcement officer" means the attorney general, district

attorney, or county attorney.

(2) "Labor organizer" means a person who for a financial

consideration solicits membership in a labor union or members for

a labor union.

(3) "Labor union" means an incorporated or unincorporated

association, group, union, lodge, local, branch, or subordinate

organization of a union of working persons organized and existing

to protect those persons and to improve their working conditions,

wages, or employment relationships, but does not include an

organization not commonly regarded as a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.102. LEGISLATIVE FINDINGS; POLICY. (a) The

legislature finds that because the activities of labor unions

affect the economic conditions of the country and the state by

entering into almost all business and industrial enterprises,

labor unions affect the public interest and are charged with a

public use.

(b) Workers must be protected without regard to whether they are

unionized. The right to work is the right to live.

(c) The policy of this state, in the exercise of its sovereign

constitutional police power, is to regulate the activities and

affairs of labor unions and officers, agents, organizers, and

representatives of labor unions, as provided by this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.103. LIBERAL CONSTRUCTION. (a) This subchapter shall

be liberally construed to:

(1) achieve the purposes provided by Section 101.102; and

(2) protect the rights of working persons to work and to

organize for their mutual benefit in connection with their work.

(b) This subchapter may not be construed to deny the free rights

of assembling, bargaining, and petitioning, orally or in writing,

regarding a matter affecting labor or employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.104. METHOD OF ELECTION OF OFFICERS, AGENTS,

ORGANIZERS, AND REPRESENTATIVES. (a) An officer, agent,

organizer, or representative of a labor union must be elected by

secret ballot and by majority vote of the members present and

participating, except as provided by Subsections (b) and (c) and

Section 101.108.

(b) A labor union may require more than a majority vote for the

election of an officer, agent, organizer, or representative.

(c) A labor union may take a vote of the entire membership for

an officer, agent, organizer, or representative by mailed

ballots.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.105. ANNUAL ELECTION OF OFFICERS, AGENTS, ORGANIZERS,

AND REPRESENTATIVES. An election for labor union officers,

agents, organizers, and representatives must be held at least

once each year, except as provided by Section 101.108.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.106. NOTICE OF ELECTION. Except as provided by Section

101.108, a labor union shall give members at least seven days'

notice of an election under Section 101.105. The notice must be

given in the manner most convenient to the union by:

(1) written or printed notice mailed to the member's last known

address;

(2) posting notice in a place public to the membership; or

(3) announcement at a regular stated meeting of the union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.107. RESULTS OF ELECTION. The results of an election

held under Section 101.105 shall be determined and declared by

the president and the secretary at the time in the presence of

the members or delegates participating, except as provided by

Section 101.108.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.108. CERTAIN UNIONS EXCEPTED. Sections 101.104-101.107

do not apply to a union that:

(1) under its constitution, bylaws, or other organization rules,

held its elections for officers and representatives every three

years or every four years, for the four years ending August 10,

1943; and

(2) charged members an initiation fee of $10 or less, for the 10

years ending August 10, 1943.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.109. CERTAIN PERSONS PROHIBITED FROM HOLDING OFFICE.

(a) A person may not serve as a labor union officer or as a

labor organizer if the person:

(1) is an alien; or

(2) has been convicted of a felony.

(b) Subsection (a) does not apply to a person who has been

convicted of a felony and whose rights of citizenship have been

fully restored.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.110. LABOR ORGANIZERS; ORGANIZER'S CARD. (a) A labor

organizer operating in this state must apply in writing for an

organizer's card before soliciting members for the organizer's

organization.

(b) An application for an organizer's card must:

(1) be filed with the secretary of state by mail or in person;

(2) state the applicant's full name and labor union

affiliations, if any;

(3) describe the applicant's credentials;

(4) be accompanied by a copy of the applicant's credentials; and

(5) be signed by the applicant.

(c) On the filing of an application for an organizer's card, the

secretary of state shall issue the applicant a card containing:

(1) the applicant's name;

(2) the applicant's union affiliation;

(3) a space for the applicant's signature;

(4) the designation "labor organizer"; and

(5) the secretary of state's signature, dated and attested by

the state seal.

(d) A labor organizer shall:

(1) carry the card issued under Subsection (c) whenever the

organizer is soliciting members; and

(2) exhibit the card on request of a person being solicited for

membership.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.21(a), eff. Sept.

1, 1995.

Sec. 101.111. FEE FOR PRIVILEGE TO WORK PROHIBITED. (a) A

labor union, a labor organizer, or an officer, member, agent, or

representative of a labor union may not collect, receive, or

demand, directly or indirectly, a fee as a work permit or as a

condition for the privilege to work from a person who is not a

member of the union.

(b) Subsection (a) does not prevent the collection of an

initiation fee as provided by Section 101.113.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.112. EXCESSIVE FEES PROHIBITED. (a) A labor union or

an officer, agent, or member of a labor union may not charge or

receive initiation fees, dues, fines, or other assessments to

create a fund that exceeds the reasonable requirements of the

union in carrying out its lawful purposes or activities, if the

fees, dues, fines, or other assessments create an undue hardship

on an applicant for initiation to the union or on union members.

(b) Subsection (a) may not be construed to prevent dues or other

assessments:

(1) for a purpose that is beneficial to union members according

to established practice, including the maintenance or investment

of funds for those beneficial purposes;

(2) if the members who contribute share in or may reasonably

expect to share in the benefits, for:

(A) old age benefits;

(B) death and burial benefits;

(C) hospitalization, unemployment, health and accident,

retirement, or other forms of mutual insurance;

(D) legislative representation;

(E) a grievance committee;

(F) gifts, floral offerings, or other charitable purposes; or

(G) any other legitimate purpose; or

(3) for placement in a fund to be used by the union in paying

its members while they are on strike, if:

(A) initiation fees are not placed in the fund; and

(B) the fund remains under the members' control.

(c) This section shall be liberally construed to prevent

excessive initiation fees.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.113. ADVANCE FEES. (a) On payment in full by an

applicant for labor union membership of all initiation fees or

dues regularly assessed by the union, the union shall:

(1) elect the applicant to membership; or

(2) immediately return in full the money paid by the applicant.

(b) On election of an applicant to labor union membership,

advance fees paid by the applicant may be used by the union for

the purposes for which the fees were advanced.

(c) A labor union or an officer, agent, or member of a labor

union shall collect all fees in good faith. A labor union may not

elect a person to membership merely to obtain the person's

initiation fee.

(d) A labor union may not collect an initiation fee from a

member and then discharge or suspend the member, or cause the

member's employer to discharge the member, without reasonable and

just cause.

(e) A labor union that violates Subsection (d) is subject to the

civil penalty provided by Section 101.121.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.114. FEE RECEIPT REQUIRED. A labor organizer or an

officer, agent, or member of a labor union may not collect a fee,

dues, or other sum in connection with membership in a labor union

from a person without giving the person at that time a receipt

that:

(1) is signed by the labor organizer, officer, agent, or member;

and

(2) states that the sum of money received is to be:

(A) delivered to the labor union; and

(B) held intact until the person has been elected and has become

a bona fide voting member of the union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.115. CONSTRUCTION OF FEE RESTRICTIONS. Sections

101.111, 101.113, and 101.114 may not be construed as preventing

any type of bargaining agreement or limiting the bargaining power

of a labor union.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.116. MEMBER IN ARMED FORCES. A union member who,

because of service with the United States armed forces, has been

unable to pay any dues or assessment levied by a union to which

the member belonged may not be required to make the back payments

as a condition to reinstatement in good standing as a member.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.117. REASONABLE TIME FOR DECISION ON MEMBERSHIP

REQUIRED. A labor union may not refuse to give a person desiring

membership in the union a reasonable time after obtaining the

promise of employment in which to decide whether to join the

union as a condition of employment.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.118. EXPULSION OF MEMBER. (a) A labor union may not

expel a union member without:

(1) good cause; and

(2) a fair and public hearing by and within the organization,

after due notice and an opportunity to be heard on the specific

charges alleged.

(b) On the petition of a member expelled from a labor

organization, a court of competent jurisdiction shall order the

reinstatement of the member if the member was expelled without

good cause.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.119. RECORDS. (a) Each labor union in this state

shall keep accurate books of accounts that:

(1) itemize each receipt from any source;

(2) itemize each expenditure for any purpose; and

(3) state the source of each receipt and the purpose of each

expenditure.

(b) A member of a labor union is entitled to inspect the books,

records, and accounts of the union at any reasonable time.

(c) The attorney general, or, subject to the attorney general's

approval, a district attorney or county attorney, is entitled to

inspect on demand the books, records, and accounts of a labor

union at any reasonable time.

(d) The books, records, and accounts of a labor union are open

to grand juries and judicial and quasi-judicial inquiries in

legal proceedings.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.120. REPORTS. A labor union required to file reports

with the United States Secretary of Labor under Section 201,

Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.

Section 431) or a successor statute shall file a copy of each

report with the secretary of state not later than the 30th day

after the date the report was filed with the secretary of labor.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.121. CIVIL PENALTY. A labor union that violates a

provision of this subchapter is liable for a civil penalty not to

exceed $1,000 for each violation. The civil penalty may be

recovered in the name of the state, acting through an enforcement

officer, in a court of competent jurisdiction.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.122. ENFORCEMENT BY CIVIL PROCESS. (a) A district

court has jurisdiction, on the application of the state acting

through an enforcement officer, to issue a restraining order, a

temporary or permanent injunction, or any other writ or process

appropriate to enforce this subchapter.

(b) A proceeding under Subsection (a) shall be instituted,

prosecuted, and tried in the same manner as another civil case of

a similar nature in the district court.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.123. OFFENSE; PENALTY. (a) A labor union officer or a

labor organizer commits an offense if the person violates a

provision of this subchapter.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not more than $500;

(2) confinement in the county jail for not more than 60 days; or

(3) both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.124. ENFORCEMENT OFFICERS. The attorney general, and

each district attorney and county attorney, within the attorney's

respective jurisdiction, shall:

(1) prosecute all criminal proceedings under this subchapter;

and

(2) institute and maintain all civil proceedings under this

subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER D. PICKETING

Sec. 101.151. DEFINITION. In this subchapter, "picketing"

includes the stationing of a person for an organization to:

(1) induce anyone not to enter the premises being picketed;

(2) observe the premises being picketed to ascertain who enters

or patronizes the premises; or

(3) follow employees or patrons of the premises being picketed

to or from those premises to observe them or to attempt to

dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.152. MASS PICKETING PROHIBITED. (a) A person may not

engage in any form of picketing activity in which a picket

constitutes any character of obstacle to the free ingress to and

egress from an entrance to any premises, either by obstructing

the free ingress and egress with the person's body or by placing

a vehicle or other physical obstruction.

(b) In this section, "picket" includes a person:

(1) stationed by or acting for an organization to:

(A) induce anyone not to enter the premises being picketed; or

(B) observe the premises being picketed to ascertain who enters

or patronizes the premises; or

(2) who follows employees or patrons of the premises being

picketed to or from those premises to observe them or to attempt

to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.153. USE OF INSULTING, THREATENING, OR OBSCENE LANGUAGE

PROHIBITED. A person may not, by use of insulting, threatening,

or obscene language, interfere with or intimidate or seek to

interfere with or intimidate another:

(1) in the exercise of the other person's lawful right to work

or to enter on the performance of a lawful vocation; or

(2) from freely entering or leaving any premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.154. PICKETING INTENDED TO SECURE BREACH OF LABOR

AGREEMENT PROHIBITED. A person may not engage in picketing the

purpose of which, directly or indirectly, is to secure the

disregard or breach of a valid existing labor agreement arrived

at between an employer and the representatives:

(1) designated by the employees for the purpose of collective

bargaining; or

(2) certified as the bargaining unit under the National Labor

Relations Act (29 U.S.C. Section 151 et seq.).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.155. DECLARATION OR PUBLICATION OF CONTINUATION OF

ENJOINED PICKETING PROHIBITED. A person may not declare or

publicize the continued existence of actual or constructive

picketing at a point or directed against a premises after a court

of competent jurisdiction has enjoined the continuation of that

picketing at that point or premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.156. OFFENSE; PENALTY. (a) A person commits an

offense if the person violates Section 101.152, 101.153, 101.154,

or 101.155. Each separate act of violation constitutes a separate

offense.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not less than $25 nor more than $500;

(2) confinement in jail for not more than 90 days; or

(3) both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER E. SECONDARY PICKETING

Sec. 101.201. SECONDARY PICKETING PROHIBITED. (a) A person may

not establish, call, participate in, or aid picketing at or near

the premises of an employer with whom a labor dispute does not

exist.

(b) In this section:

(1) "Employee" includes any person working for another for hire

in this state, but does not include an independent contractor.

(2) "Employer" means any person who engages the services of an

employee.

(3) "Labor dispute" means a controversy concerning wages, hours,

or conditions of employment between an employer and employees. A

controversy is not a labor dispute if the employees do not have a

real and substantial economic interest in the work performed for

the employer.

(4) "Picket" includes a person:

(A) stationed by or acting in behalf of an organization to:

(i) induce anyone not to enter the premises being picketed;

(ii) apprise the public by signs or other means of the existence

of a labor dispute at or near the premises being picketed; or

(iii) observe the premises being picketed to ascertain who

enters or patronizes the premises; or

(B) who follows employees or patrons of the premises being

picketed to or from those premises to observe them or to attempt

to dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.202. OFFENSE; PENALTY. (a) A person commits an

offense if the person violates any provision of this subchapter.

(b) An offense under this section is a misdemeanor punishable

by:

(1) a fine of not more than $500;

(2) confinement in the county jail for not more than six months;

or

(3) both the fine and confinement.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.203. CIVIL LIABILITY. (a) A person who violates any

provision of this subchapter is liable to a person damaged by the

violation for the damages resulting from the violation.

(b) A person damaged by a violation of this subchapter may

maintain an action to redress the damage and may obtain

injunctive relief.

(c) An association or labor union that represents or purports to

represent a person who violates any provision of this subchapter

is jointly and severally liable with the person for the damages

resulting from the violation.

(d) In this section, "labor union" means any incorporated or

unincorporated association, group, union, national or local,

branch, or subordinate organization of a union of working persons

organized and existing in part to protect those persons and to

improve their working conditions, wages, or employment

relationships and includes the local, state, national, and

international affiliates of those organizations.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.204. ENFORCEMENT. The state, acting through the

attorney general or a district attorney or county attorney, may

institute a suit in district court to enjoin a person from

violating this subchapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.205. VENUE. Venue for a suit or cause of action

arising under this subchapter is in:

(1) the county in which the violation is alleged to have

occurred;

(2) the county in which the defendant resides; or

(3) if there are two or more defendants, a county in which any

defendant resides.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER F. LIABILITY OF LABOR ORGANIZATION FOR DAMAGES

Sec. 101.251. DEFINITIONS. In this subchapter:

(1) "Labor organization" means any organization in which

employees participate and that exists in whole or in part to deal

with one or more employers concerning grievances, labor disputes,

wages, hours of employment, or working conditions.

(2) "Picketing" includes the stationing of a person for an

organization to:

(A) induce anyone not to enter the premises being picketed;

(B) apprise the public by signs or other means of the existence

of a dispute;

(C) observe the premises being picketed to ascertain who enters

or patronizes the premises; or

(D) follow employees or patrons of the premises being picketed

to or from those premises to observe them or to attempt to

dissuade them from entering or patronizing the premises.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 101.252. LIABILITY OF LABOR ORGANIZATION. A labor

organization whose members picket or strike against a person is

liable for damages for a loss resulting to the person because of

the picketing or strike if a court of competent jurisdiction

holds that the picketing or strike is a breach of contract.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER G. INTERFERENCE WITH RIGHT TO WORK

Sec. 101.301. INTERFERENCE WITH RIGHT TO WORK; LIABILITY. (a)

The right of a person to work may not be denied or abridged

because of membership or nonmembership in a labor union or other

labor organization.

(b) In the exercise of the right to work, each person shall be

free from threats, force, intimidation, or coercion.

(c) A person who violates this subchapter is liable to a person

who suffers from that violation for all resulting damages.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1,

1995.

Sec. 101.302. INJUNCTIVE RELIEF. (a) The attorney general or a

district or county attorney may bring an action in district court

to enjoin a violation of this subchapter.

(b) The district courts shall grant injunctive relief when a

violation of this subchapter is made apparent.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1,

1995.

Sec. 101.303. ASSIGNMENT OF DISTRICT JUDGE. Not later than the

second day after the receipt of notice of institution of a cause

of action under this subchapter, a party to the cause of action

may apply to the presiding judge of the administrative judicial

region within which the action is brought. The presiding judge

shall immediately assign a district judge from within the

administrative judicial region who shall hear all proceedings in

the cause of action.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.22, eff. Sept. 1,

1995.