Tex. Bus. & Com. Code § 1.302 · Subchapter C. TERRITORIAL APPLICABILITY AND GENERAL RULES
VARIATION BY AGREEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as otherwise provided in Subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.1.htm
- Text hash
- sha256 19d02f384296c4c3038cefb111a8f26939ad94934ec3de7da2eb36830e97e00d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 6 provisions
Provisions in this library whose text cites Tex. Bus. & Com. Code § 1.302. Each shows the citation as that text prints it.
Business & Commerce Code
- Tex. Bus. & Com. Code § 2A.518COVER; SUBSTITUTE GOODS.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.519LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT, AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.527LESSOR'S RIGHTS TO DISPOSE OF GOODS.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 2A.528LESSOR'S DAMAGES FOR NONACCEPTANCE, FAILURE TO PAY, REPUDIATION, OR OTHER DEFAULT.Printed as Sections 1.302 and 2A.503
- Tex. Bus. & Com. Code § 4A.204REFUND OF PAYMENT AND DUTY OF CUSTOMER TO REPORT WITH RESPECT TO UNAUTHORIZED PAYMENT ORDER.Printed as Section 1.302(b)
- Tex. Bus. & Com. Code § 5.103SCOPE.Printed as Sections 1.302 and 5.117(d)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.