88R11357 SCL-F
By: Harrison H.B. No. 3702
A BILL TO BE ENTITLED
AN ACT
relating to the effect of American Law Institute publications on
actions governed by the laws of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.001, Civil Practice and Remedies Code,
is amended by adding Subsections (c) and (d) to read as follows:
(c) Except as provided by Subsection (d), in any action
governed by the laws of this state concerning rights and
obligations under the law, a publication by the American Law
Institute, including a restatement or model code, may not be
considered to represent the laws of this state and may not be wholly
or partly relied on by a court for a ruling on a motion or a judgment
if the publication in its final form was published after December
31, 1999.
(d) Subsection (c) does not apply to a provision in a
publication by the American Law Institute that:
(1) appeared in its exact form in a publication of the
American Law Institute published in its final form before January
1, 2000;
(2) is identical to or affirmatively adopted by a law
enacted by the legislature; or
(3) is identical to the common law of this state
without reference to any publication published after December 31,
1999.
SECTION 2. Sections 5.001(c) and (d), Civil Practice and
Remedies Code, as added by this Act, apply only to an action pending
on or filed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.