Bill Text: TX HB3576 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 3576 (Prior Session Legislation)

Introduced

Bill Title: Relating to the application of the law of this state to certain Internet contracts.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-05-08 - Placed on General State Calendar [HB3576 Detail]

Download: Texas-2013-HB3576-Introduced.html

	83R10992 DDT-F

	By: Fallon	H.B. No. 3576



	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of the law of this state to certain
	Internet contracts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act is intended to provide a safe harbor for
	commercial and consumer transactions made over the Internet so that
	persons located in this state may use the laws of this state as the
	contract's governing law, enabling those persons to sell, lease,
	lend, or provide services to persons outside this state with the
	benefits and protections of the laws of this state.
	SECTION 2. Section 274.002, Business & Commerce Code, is
	amended by adding Subsection (c) to read as follows:
	(c) In this chapter, a person is considered to be in this
	state if the person's primary place of business is in this state.
	SECTION 3. Section 274.003, Business & Commerce Code, is
	amended by adding Subsection (a-1) to read as follows:
	(a-1) A contract is governed by the law of this state if:
	(1) a party to the contract, including a seller,
	lessor, lender, or service provider, is located in this state; and
	(2) any party to the contract who is located outside
	this state and does not maintain an office or agent in this state
	for transacting business in this state:
	(A) receives notice that the contract is governed
	by the laws of this state; and
	(B) agrees to the application of the laws of this
	state.
	SECTION 4. Section 274.004, Business & Commerce Code, is
	amended to read as follows:
	Sec. 274.004. APPLICABILITY OF OTHER LAW TO CONTRACT.
	Section 1.301 [~~1.031~~] and Chapter 273 do not apply to a contract to
	which this chapter applies.
	SECTION 5. This Act applies only to a contract entered into
	or renewed on or after the effective date of this Act.
	SECTION 6. This Act takes effect September 1, 2013.