| 1 | 1 | | H.B. No. 2879 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to venue in certain actions involving a contract for an |
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| 6 | 6 | | improvement to real property. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter B, Chapter 15, Civil Practice and |
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| 9 | 9 | | Remedies Code, is amended by adding Section 15.021 to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 15.021. CONTRACTS FOR IMPROVEMENTS TO REAL PROPERTY. |
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| 12 | 12 | | (a) A venue provision in a contract for an improvement to real |
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| 13 | 13 | | property located in this state that requires an action involving a |
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| 14 | 14 | | contractor, subcontractor, or materialman who is a resident of this |
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| 15 | 15 | | state to be brought outside this state is void as a matter of public |
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| 16 | 16 | | policy. |
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| 17 | 17 | | (b) To the extent that a venue provision in a contract is |
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| 18 | 18 | | void under this section, unless the parties stipulate to another |
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| 19 | 19 | | venue after the dispute arises, an action arising out of the |
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| 20 | 20 | | contract shall be brought only in this state in the county in which: |
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| 21 | 21 | | (1) the defendant resides; |
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| 22 | 22 | | (2) the cause of action accrued; or |
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| 23 | 23 | | (3) the property that is the subject of the litigation |
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| 24 | 24 | | is located. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to a contract entered into on or after the effective date of this |
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| 27 | 27 | | Act. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 29 | 29 | | ______________________________ ______________________________ |
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| 30 | 30 | | President of the Senate Speaker of the House |
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| 31 | 31 | | I certify that H.B. No. 2879 was passed by the House on May 6, |
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| 32 | 32 | | 2023, by the following vote: Yeas 129, Nays 8, 1 present, not |
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| 33 | 33 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 34 | 34 | | No. 2879 on May 24, 2023, by the following vote: Yeas 144, Nays 0, |
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| 35 | 35 | | 2 present, not voting. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Chief Clerk of the House |
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| 38 | 38 | | I certify that H.B. No. 2879 was passed by the Senate, with |
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| 39 | 39 | | amendments, on May 18, 2023, by the following vote: Yeas 31, Nays |
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| 40 | 40 | | 0. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Secretary of the Senate |
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| 43 | 43 | | APPROVED: __________________ |
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| 44 | 44 | | Date |
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| 45 | 45 | | __________________ |
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| 46 | 46 | | Governor |
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