Bill Text: TX HB2879 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to venue in certain actions involving a contract for an improvement to real property.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Vetoed) 2023-06-15 - Vetoed by the Governor [HB2879 Detail]
Download: Texas-2023-HB2879-Enrolled.html
| H.B. No. 2879 | ||
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| 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 located in this state 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2879 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 129, Nays 8, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2879 on May 24, 2023, by the following vote: Yeas 144, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2879 was passed by the Senate, with | ||
| amendments, on May 18, 2023, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
