§ 17.042.Acts Constituting Business in This State

The operative provision of the Texas long-arm statute, and the phrase that opens it does most of the work.

"In addition to other acts that may constitute doing business" — the three listed acts are examples, not a closed list. The statute reaches as far as it constitutionally may, and the enumeration illustrates rather than limits.

A nonresident does business in this state if the nonresident:

(1) contracts by mail or otherwise with a Texas resident and either party is to perform the contract in whole or in part in this state. Note the breadth — either party, and in whole or in part. A contract performed here by the Texas resident alone can suffice.

(2) commits a tort in whole or in part in this state. This is why the subchapter's heading reads "in suit on business transaction or tort." A single tortious act partly occurring in Texas brings the actor within the statute.

(3) recruits Texas residents, directly or through an intermediary located in this state, for employment inside or outside this state. The recruiting is the contact; where the job is located does not matter.

The statute is not the whole test. Reaching a defendant under this section establishes only that Texas law authorises jurisdiction. Federal due process must also be satisfied — minimum contacts, purposeful availment, and a forum that is fair and reasonable. A defendant who literally fits one of these three descriptions may still be beyond the court's reach constitutionally, and that is where these disputes are usually decided.