Texas Business & Commerce Code

§ 26.01 — PROMISE OR AGREEMENT MUST BE IN WRITING

BC § 26.01Title 3. INSOLVENCY, FRAUDULENT TRANSFERS, AND FRAUD · Ch. 26. STATUTE OF FRAUDS

(a)A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is

(1)in writing; and

(2)signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.

(b)Subsection (a) of this section applies to:

(1)a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;

(2)a promise by one person to answer for the debt, default, or miscarriage of another person;

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Legislative history

Acts 2005, 79th Leg., Ch. 187 (H.B. 735), Sec. 1, eff. September 1, 2005.