Tex. Bus. & Com. Code § 56.051
Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
A contingent payor or its surety may not enforce a contingent payment clause to the extent that the obligor's nonpayment to the contingent payor is the result of the contractual obligations of the contingent payor not being met, unless the nonpayment is the result of the contingent payee's failure to meet the contingent payee's contractual requirements.
Tex. Bus. and Comm. Code § 56.051