Bill Text: TX HB3702 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the effect of American Law Institute publications on actions governed by the laws of this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Judiciary & Civil Jurisprudence [HB3702 Detail]
Download: Texas-2023-HB3702-Introduced.html
| 88R11357 SCL-F | ||
| By: Harrison | H.B. No. 3702 | |
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| 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. | ||
