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AN ACT
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relating to venue in certain actions involving a contract for an |
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improvement to real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 15, Civil Practice and |
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Remedies Code, is amended by adding Section 15.021 to read as |
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follows: |
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Sec. 15.021. CONTRACTS FOR IMPROVEMENTS TO REAL PROPERTY. |
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(a) A venue provision in a contract for an improvement to real |
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property located in this state that requires an action involving a |
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contractor, subcontractor, or materialman who is a resident of this |
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state to be brought outside this state is void as a matter of public |
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policy. |
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(b) To the extent that a venue provision in a contract is |
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void under this section, unless the parties stipulate to another |
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venue after the dispute arises, an action arising out of the |
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contract shall be brought only in this state in the county in which: |
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(1) the defendant resides; |
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(2) the cause of action accrued; or |
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(3) the property that is the subject of the litigation |
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is located. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract entered into on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2879 was passed by the House on May 6, |
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2023, by the following vote: Yeas 129, Nays 8, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2879 on May 24, 2023, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2879 was passed by the Senate, with |
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amendments, on May 18, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |