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By: Oliverson, Bell of Kaufman, Morales of Maverick |
H.B. No. 2879 |
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(Senate Sponsor - Bettencourt) |
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(In the Senate - Received from the House May 8, 2023; |
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May 10, 2023, read first time and referred to Committee on |
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Jurisprudence; May 17, 2023, reported favorably by the following |
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vote: Yeas 5, Nays 0; May 17, 2023, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HughesX |
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JohnsonX |
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CreightonX |
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HinojosaX |
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MiddletonX |
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A BILL TO BE ENTITLED
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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 that requires an action involving a contractor, |
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subcontractor, or materialman who is a resident of this state to be |
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brought outside this state is void as a matter of public 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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