Texas Business and Commerce Code - BUS & COM § 272.002. Inapplicability of Chapter

(1) is a partnership agreement or other agreement governing an entity or trust;

(2) provides for a loan or other extension of credit and the party promising to perform the work that is the subject of the construction contract is doing so as part of the party's agreements with the lender or other person who extends credit;  or

(3) is for the management of real property or improvements and the obligation to perform the work that is the subject of the construction contract is part of that management.