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