The Divisions of the Business Court have consistently ruled that cases filed before September 1, 2024, may not be removed to the Business Court because House Bill 19, enabling the Business Court, states clearly that "[t]he changes in law made by this Act apply to civil actions commenced on or after September 1, 2024.”
The Business Court opinions and orders are available here: TJB | About Texas Courts | Business Court | Opinions
On December 20, 2024, in Cause No. 24-BC11A-0004, Lone Star NGL Product Services LLC v. EagleClaw Midstream Ventures, LLC and CR Permian Processing, LLC, Judge Adrogué rejected the parties' arguments for removal and remanded the case to district court. She also granted the parties' request for permissive interlocutory review to the Fifteenth Court of Appeals on the question of whether a case filed before September 1, 2024, could be removed to the Business Court.
In this case, the parties expressly agreed to litigate their dispute in the Business Court in a Rule 11 agreement and jointly sought removal. Judge Adrogué's opinion and order is available here: