| 1 | 1 | | 88R11357 SCL-F |
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| 2 | 2 | | By: Harrison H.B. No. 3702 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the effect of American Law Institute publications on |
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| 8 | 8 | | actions governed by the laws of this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 5.001, Civil Practice and Remedies Code, |
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| 11 | 11 | | is amended by adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) Except as provided by Subsection (d), in any action |
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| 13 | 13 | | governed by the laws of this state concerning rights and |
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| 14 | 14 | | obligations under the law, a publication by the American Law |
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| 15 | 15 | | Institute, including a restatement or model code, may not be |
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| 16 | 16 | | considered to represent the laws of this state and may not be wholly |
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| 17 | 17 | | or partly relied on by a court for a ruling on a motion or a judgment |
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| 18 | 18 | | if the publication in its final form was published after December |
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| 19 | 19 | | 31, 1999. |
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| 20 | 20 | | (d) Subsection (c) does not apply to a provision in a |
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| 21 | 21 | | publication by the American Law Institute that: |
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| 22 | 22 | | (1) appeared in its exact form in a publication of the |
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| 23 | 23 | | American Law Institute published in its final form before January |
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| 24 | 24 | | 1, 2000; |
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| 25 | 25 | | (2) is identical to or affirmatively adopted by a law |
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| 26 | 26 | | enacted by the legislature; or |
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| 27 | 27 | | (3) is identical to the common law of this state |
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| 28 | 28 | | without reference to any publication published after December 31, |
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| 29 | 29 | | 1999. |
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| 30 | 30 | | SECTION 2. Sections 5.001(c) and (d), Civil Practice and |
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| 31 | 31 | | Remedies Code, as added by this Act, apply only to an action pending |
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| 32 | 32 | | on or filed on or after the effective date of this Act. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2023. |
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