Texas 2025 - 89th Regular

Texas House Bill HB1139 Compare Versions

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11 89R5447 MZM-F
22 By: Oliverson H.B. No. 1139
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to venue in certain actions involving a contract for an
1010 improvement to real property.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter B, Chapter 15, Civil Practice and
1313 Remedies Code, is amended by adding Section 15.021 to read as
1414 follows:
1515 Sec. 15.021. CONTRACTS FOR IMPROVEMENTS TO REAL PROPERTY.
1616 (a) A venue provision in a contract for an improvement to real
1717 property located in this state that requires an action involving a
1818 contractor, subcontractor, or materialman who is a resident of this
1919 state to be brought outside this state is void as a matter of public
2020 policy.
2121 (b) To the extent that a venue provision in a contract is
2222 void under this section, unless the parties stipulate to another
2323 venue after the dispute arises, an action arising out of the
2424 contract shall be brought only in this state in the county in which:
2525 (1) the defendant resides;
2626 (2) the cause of action accrued; or
2727 (3) the property that is the subject of the litigation
2828 is located.
2929 SECTION 2. The change in law made by this Act applies only
3030 to a contract entered into on or after the effective date of this
3131 Act.
3232 SECTION 3. This Act takes effect September 1, 2025.