Texas Governor Greg Abbott has signed SB 1318 into law, introducing significant new constraints on non-compete agreements in the healthcare sector. Effective September 1, 2025, the law limits physician and healthcare practitioner non-competes to one year in duration and a five-mile geographic scope. It also mandates buyout provisions for all such agreements and renders non-competes

Texas courts are increasingly encountering efforts to challenge restrictive covenant agreements on free speech grounds, where the restricted activity includes business-related communications. A recent Texas appellate court decision indicates that this strategy has its limits.

In Hieber v. Percheron Holdings, LLC, No. 14-19-00505-CV (Tex. App.—Houston [14th Dist.] Nov. 14, 2019), Percheron Holdings, LLC (“Percheron”)