88R13354 AJA-F
By: Oliverson, Morales of Maverick, H.B. No. 2879
Bell of Kaufman
A BILL TO BE ENTITLED
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 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.