Texas Non-compete Agreement Template

A Texas non-compete agreement is a written contract in which a worker agrees not to compete with a business for a set time and place. Texas regulates this promise, called a covenant not to compete, under Section 15.50 of the Texas Business and Commerce Code.[1.1] An employer commonly uses non-compete agreements when an employee or contractor will learn trade secrets or client lists, or build client relationships.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.

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Fill out the form online or download it, then complete the blanks for the job. Review the finished form before both parties sign it. The form calls the worker the Agent and the business the Company. For other states, see our general non-compete agreement template. State pages are also available for California, Florida, New York and Massachusetts.

Parts of the Texas Non-Compete Agreement Template

The Texas template is built from six parts. They cover the parties, how long the covenant lasts, what the worker may not do, the non-solicitation promise, the limits a court can reform, and the governing law with signatures.

  • The effective date, plus the names and addresses of the Agent and the Company
  • A term clause with a blank for the number of years the covenant lasts after the work relationship ends
  • A non-competition clause with check boxes for all competitors or named businesses, an optional territory, and an online business choice
  • A non-solicitation clause covering employees, contractors, customers and vendors of the Company
  • A limitation clause that lets courts reform an overly broad term or territory
  • Governing-law and venue wording that names the county, and signature lines for both parties

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What Is Enforceable in Texas Non-Compete Agreements?

Texas courts enforce a covenant not to compete only when it is ancillary to or part of an otherwise enforceable agreement made at that time. Its limits on time, geographic area and scope of activity must be reasonable. They cannot be a greater restraint than needed to protect the goodwill or other business interest of the party it protects.[1.1]

A covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable …

Tex. Bus. & Com. Code § 15.50

The statute adds these points:

  • Reformation. If the limits are broader than necessary, the court must reform the covenant so the restraint is reasonable, then enforce it as reformed. The court may not award damages for a breach before the reformation. The relief is limited to injunctive relief.[1.2]
  • Burden of proof. The party seeking enforcement must establish that the covenant meets the criteria in Section 15.50. This applies if the main purpose of the agreement is to have the worker render personal services, for a term or at will.[1.2]
  • Exclusive rules. The criteria in Sections 15.50 and 15.501 and the procedures and remedies in Section 15.51 are exclusive and preempt other law, including common law.[1.3]

In practice, an employer should put the limits on time, territory and activities in writing and keep them narrow. An employee should read the restrictions before signing and ask whether the limits fit the job. This page explains the published statute in plain words. For legal advice on a specific covenant, a Texas non-compete attorney can review the form. An attorney can say how these rules apply to the facts.

Texas Non-Compete Rules for Physicians and Health Care Practitioners

The statute sets extra conditions for a covenant not to compete against a physician. It sets a shorter list for a covenant relating to the practice of dentistry or nursing, or practice as a physician assistant. A covenant that misses these conditions is not enforceable against that worker.[1.1][1.4] In the table, the end date means the date the contract or employment ended.

ConditionPhysicianDentistry, nursing or physician assistant
How long it can lastMust expire not later than the one-year anniversary of the end date.[1.1]Must expire not later than the one-year anniversary of the end date.[1.4]
Geographic areaNo more than a five-mile radius from the location where the physician primarily practiced before the end date.[1.1]No more than a five-mile radius from the location where the practitioner primarily practiced before the end date.[1.4]
BuyoutMust provide for a buyout by the physician of no more than the physician's total annual salary and wages at the end date.[1.1]Must provide for a buyout by the practitioner of no more than the practitioner's total annual salary and wages at the end date.[1.4]

A covenant against a physician must also meet these conditions under Section 15.50:[1.1]

  • It states its terms and conditions clearly and conspicuously in writing.
  • It does not deny the physician access to a list of the patients the physician had seen or treated within one year of the end of the contract or employment.
  • It provides that the physician may still give continuing care and treatment to a specific patient during an acute illness, even after the contract or employment has ended.

A covenant not to compete relating to the practice of medicine is void and unenforceable against a physician licensed by the Texas Medical Board. This applies if the physician is involuntarily discharged from the contract or employment without good cause.[1.1]

Frequently Asked Questions

Non-compete agreements are enforceable in Texas when their limits on time, territory and activity are reasonable. A court must reform a covenant that is broader than necessary. The answers below cover enforceability and how long a covenant can last.[1.1][1.2]

How enforceable is a non-compete in Texas?

A covenant not to compete is enforceable when it meets these tests:[1.1]

  • It is ancillary to or part of an otherwise enforceable agreement made at that time.
  • Its limits on time, geographic area and scope of activity are reasonable.
  • It is no greater a restraint than needed to protect the other party's goodwill or business interest.

If a court finds the limits too broad, it must reform the covenant and enforce it as reformed.[1.2]

How long can a non-compete last in Texas?

For a physician, the covenant must expire not later than the one-year anniversary of the date the contract or employment ended.[1.1] The same one-year limit applies to a covenant relating to dentistry, nursing or practice as a physician assistant.[1.4]

For other workers, the time limit must be reasonable. It can be no greater than needed to protect the goodwill or other business interest of the party the covenant protects, such as an employer. A physician covenant that misses the physician conditions on this page is not enforceable against that physician.[1.1]

seal of texas state
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General information, not legal or tax advice.

Sources

  1. Texas Legislature Online. Texas Business and Commerce Code §§ 15.50 to 15.52.
    • 1.1 § 15.50
    • 1.2 § 15.51
    • 1.3 § 15.52
    • 1.4 § 15.501
Published: Jul 11, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.