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Texas Non-Compete Agreement

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Texas Legal Requirements

Key TX statutes and obligations that apply to your non-compete agreement.

Requirements

  • Governed by Texas Covenants Not to Compete Act (Business & Commerce Code § 15.50)
  • Must be ancillary to an otherwise enforceable agreement
  • Must be reasonable in time (courts typically allow 1-2 years), geography, and scope of activity
  • Courts can modify overbroad covenants ('blue pencil' doctrine) rather than void them
  • Consideration required — continued employment alone may not be sufficient in all cases

Restrictions & Limits

  • Scope cannot be broader than necessary to protect a legitimate business interest
  • Geographic area must correlate to actual business operations
  • Courts balance employer's interest against undue hardship to the employee

Official Statute References

Primary Texas statutes governing this document type.

Texas Non-Compete Agreement FAQ

Common questions about non-compete agreements under Texas law.

How long can a Texas non-compete last?

Texas courts typically enforce non-competes up to 2 years. Agreements longer than 2 years are more scrutinized but can be enforceable if the business interest justifies it. Courts can reduce an unreasonable duration under the blue-pencil doctrine.

What geographic scope is reasonable for a Texas non-compete?

The geographic area must match the employer's actual operational area. A Dallas-based company can likely enforce a non-compete within Dallas-Fort Worth. National restrictions may only be upheld for senior executives with truly national exposure.

Can Texas courts modify an overbroad non-compete?

Yes. Unlike some states that void overbroad non-competes entirely, Texas courts can reform ('blue pencil') the agreement to make it reasonable and then enforce the modified version.

What consideration is required for a Texas non-compete?

A non-compete must be ancillary to an enforceable agreement — typically an employment contract that gives the employee something of value: a job offer, raise, promotion, access to trade secrets, or specialized training.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.