HB 2960 amends Section 272.001 of the Texas Business and Commerce Code to invalidate contractual provisions in construction-related agreements that require the application of another state's laws, courts, or arbitration venues for disputes concerning Texas construction projects. This change strengthens current law by rendering such provisions outright void, rather than merely voidable, as contrary to public policy. The bill also adds a new subsection establishing that, when such venue provisions are void, litigation must occur in the Texas county where the property at issue is located, unless the parties agree otherwise after the dispute arises.
Additionally, the bill updates Section 15.020(d) of the Texas Civil Practice and Remedies Code to align with the amendments made to the Business and Commerce Code. Specifically, it clarifies that agreements invalid under the newly strengthened Chapter 272 provisions are excluded from venue provisions allowed under Section 15.020.
The bill applies only to contracts entered into or renewed on or after its effective date. The intent behind this legislation is to protect Texas-based contractors, subcontractors, and construction professionals from being forced into resolving disputes under foreign legal systems or in distant venues, thereby reinforcing Texas’s interest in governing projects occurring within its borders.
The Committee Substitute for HB 2960 refines and strengthens the originally filed version of the bill in several meaningful ways while maintaining the core intent: to prohibit out-of-state choice-of-law and venue provisions in construction contracts related to projects in Texas. The most notable legal enhancement is the shift from treating such provisions as merely “voidable” to rendering them categorically “void.” This change ensures that parties cannot enforce these clauses under any circumstances, thereby offering stronger protection for Texas contractors and construction firms from being pulled into costly legal battles in foreign jurisdictions.
A second important refinement in the Committee Substitute involves clarity around venue requirements. While both versions provide that any invalid venue provision defaults to the county where the project is located, the Committee Substitute carefully frames this requirement in terms of post-dispute stipulations. This makes clear that parties can still agree on an alternate venue after a dispute arises, preserving contractual flexibility without undermining the bill’s intent to prevent pre-dispute venue manipulation.
The bill’s integration with the Texas Civil Practice and Remedies Code also receives a precision upgrade in the substitute. Both versions update Section 15.020(d), but the Committee Substitute does so with tightened language and improved consistency with Chapter 272 of the Business and Commerce Code. Additionally, the originally filed bill included a provision for immediate effect if passed by a supermajority; this was dropped in the Committee Substitute in favor of a uniform effective date of September 1, 2025, offering a more straightforward implementation timeline.
Overall, the Committee Substitute reflects a more carefully tailored legislative instrument. It maintains the spirit of the original filing but improves its legal enforceability and interpretive clarity, making it more suitable for application across Texas’s large and diverse construction sector.