HB 2960

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest

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.

Author (1)
Richard Hayes
Co-Author (6)
Jeffrey Barry
Salman Bhojani
Angelia Orr
David Spiller
Cody Vasut
Wesley Virdell
Sponsor (1)
Bryan Hughes
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2960 would not have a significant fiscal implication for the State of Texas. Specifically, it concludes that any costs incurred due to the bill's provisions, such as increased court activity or administrative adjustments, can be absorbed within existing resources. This assessment suggests that the implementation of the bill would not necessitate additional appropriations or staffing for state agencies, including the Office of Court Administration, which was consulted in the fiscal analysis.

For local governments, the fiscal note likewise finds no significant financial impact. Although the bill mandates that certain construction-related legal disputes be adjudicated in the Texas county where the property is located, rather than potentially in other states or jurisdictions, this is not expected to materially increase the workload or operational costs for local courts. These cases are already within the jurisdiction of local courts, and the changes proposed are more about preventing forum shopping than introducing new types of litigation.

In practical terms, the fiscal implications are minimal because the bill primarily clarifies and reinforces existing legal expectations regarding venue and governing law in Texas-based construction contracts. The aim is to ensure predictability and fairness in dispute resolution rather than to expand the volume of litigation or government oversight. As such, the bill’s impact on both state and local budgets is considered negligible, and it can be implemented without additional funding.

Vote Recommendation Notes

HB 2960 represents a targeted, policy-driven response to recent judicial interpretations that weakened longstanding protections for Texas contractors in construction contract disputes. By clarifying that choice-of-law and venue provisions requiring the application of another state’s laws or dispute resolution in another state are void, not merely voidable, the bill restores certainty and strengthens the legal position of Texas-based businesses. This change is especially important in light of the In re MVP Terminalling, LLC decision, which cast doubt on these protections and placed smaller contractors at a disadvantage in contract negotiations.

Importantly, HB 2960 does not grow the size or scope of government. It does not create new agencies, expand regulatory authority, or impose additional administrative responsibilities. Instead, it ensures that Texas courts—already the default venue for most local contract disputes—retain jurisdiction over matters tied to Texas real property, unless both parties agree otherwise after a dispute arises. This reinforces the state’s commitment to limited government by preventing external legal systems from overriding Texas’s interest in governing its own construction industry.

The bill also imposes no new costs on taxpayers. According to the Legislative Budget Board, any incidental costs related to implementation can be absorbed within existing resources, and the bill has no significant fiscal implications for state or local government. Additionally, it imposes no new regulatory burdens on individuals or businesses. Rather than creating new compliance obligations, the bill helps reduce legal risk and enhance contract fairness by protecting Texas businesses from being forced into out-of-state litigation or arbitration.

In sum, HB 2960 upholds core liberty principles—individual liberty, private property rights, free enterprise, personal responsibility, and limited government—by ensuring that legal disputes tied to Texas construction projects are resolved under Texas law and in Texas courts. It fosters a more predictable business environment without expanding government or increasing burdens on taxpayers or businesses. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 2960.

  • Individual Liberty: The bill protects Texans, especially small and mid-sized construction contractors, from being forced into legal battles in other states simply because of a clause buried in a contract. It ensures Texans can access their own courts, close to home, and operate under their own state’s laws. That’s a direct boost to personal freedom, giving individuals and businesses a fair shot at justice without being overwhelmed by distance or cost.
  • Personal Responsibility: By voiding unfair contract provisions but still holding people accountable for what they’ve agreed to—under fair terms—the bill promotes responsible contracting. It doesn’t let anyone off the hook for their obligations; it just makes sure the rules are clear and enforceable in Texas, not manipulated in someone else’s legal backyard.
  • Free Enterprise: This bill levels the playing field, especially for small businesses that don’t have the resources to fight legal battles in other states. It gives Texas-based companies more confidence to enter into contracts, knowing they won’t be hauled into distant courts. That fosters a more competitive, fair, and accessible marketplace, key for a healthy free enterprise system.
  • Private Property Rights: When legal disputes arise over construction projects tied to real property (land or buildings) in Texas, those cases should be decided locally. This bill protects the property owner’s and contractor’s rights by ensuring that any litigation happens where the property is, giving courts with the most direct interest and knowledge the authority to decide.
  • Limited Government: The bill doesn’t grow government power or create new regulatory burdens. Instead, it clarifies the law to prevent misuse of the legal system through contract loopholes. It ensures Texas laws govern Texas projects, and it reinforces the state’s sovereignty without adding bureaucracy. That’s a textbook example of keeping government limited but effective.
View Bill Text and Status