Retroactive Application of H.B. 40's Reduced Jurisdictional Threshold Permits Second Removal to Business Court

In OWL Assetco I v. EOG Resources, Judge Bullard held that the Texas Legislature's reduction of the amount-in-controversy threshold from $10 million to $5 million under House Bill 40 constituted discoverable "facts establishing the Business Court's jurisdiction" under Section 25A.006(f), permitting EOG to remove a previously remanded breach-of-contract action within 30 days of the statute's September 1, 2025 effective date. The decision clarifies that statutory changes affecting jurisdictional prerequisites can trigger the removal clock even after an initial remand.