2 | | - | (In the Senate - Filed March 6, 2025; March 17, 2025, read |
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3 | | - | first time and referred to Committee on Jurisprudence; |
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4 | | - | April 10, 2025, reported favorably by the following vote: Yeas 5, |
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5 | | - | Nays 0; April 10, 2025, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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7 | 5 | | |
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8 | 6 | | |
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9 | 7 | | A BILL TO BE ENTITLED |
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10 | 8 | | AN ACT |
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11 | 9 | | relating to venue in certain actions involving a contract for an |
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12 | 10 | | improvement to real property. |
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13 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 12 | | SECTION 1. Subchapter B, Chapter 15, Civil Practice and |
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15 | 13 | | Remedies Code, is amended by adding Section 15.021 to read as |
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16 | 14 | | follows: |
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17 | 15 | | Sec. 15.021. CONTRACTS FOR IMPROVEMENTS TO REAL PROPERTY. |
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18 | 16 | | (a) A venue provision in a contract for an improvement to real |
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19 | 17 | | property located in this state that requires an action involving a |
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20 | 18 | | contractor, subcontractor, or materialman who is a resident of this |
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21 | 19 | | state to be brought outside this state is void as a matter of public |
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22 | 20 | | policy. |
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23 | 21 | | (b) To the extent that a venue provision in a contract is |
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24 | 22 | | void under this section, unless the parties stipulate to another |
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25 | 23 | | venue after the dispute arises, an action arising out of the |
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26 | 24 | | contract shall be brought only in this state in the county in which: |
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27 | 25 | | (1) the defendant resides; |
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28 | 26 | | (2) the cause of action accrued; or |
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29 | 27 | | (3) the property that is the subject of the litigation |
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30 | 28 | | is located. |
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31 | 29 | | SECTION 2. The change in law made by this Act applies only |
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32 | 30 | | to a contract entered into on or after the effective date of this |
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33 | 31 | | Act. |
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34 | 32 | | SECTION 3. This Act takes effect September 1, 2025. |
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