Texas 2023 88th Regular

Texas House Bill HB2879 Senate Committee Report / Bill

Filed 05/17/2023

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                    By: Oliverson, Bell of Kaufman, Morales of Maverick H.B. No. 2879
 (Senate Sponsor - Bettencourt)
 (In the Senate - Received from the House May 8, 2023;
 May 10, 2023, read first time and referred to Committee on
 Jurisprudence; May 17, 2023, reported favorably by the following
 vote:  Yeas 5, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote


 COMMITTEE VOTE
 YeaNayAbsentPNV
 HughesX
 JohnsonX
 CreightonX
 HinojosaX
 MiddletonX
 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.
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