79R2149 DAK-D


By:  Nixon                                                        H.B. No. 735



A BILL TO BE ENTITLED

AN ACT

relating to updating citations to Chapter 74, Civil Practice and 
Remedies Code, in the Business & Commerce Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 26.01(b), Business & Commerce Code, is  
amended to read as follows:
	(b)  Subsection (a) of this section applies to:                                
		(1)  a promise by an executor or administrator to 
answer out of his own estate for any debt or damage due from his 
testator or intestate;
		(2)  a promise by one person to answer for the debt, 
default, or miscarriage of another person;
		(3)  an agreement made on consideration of marriage or 
on consideration of nonmarital conjugal cohabitation;
		(4)  a contract for the sale of real estate;                                  
		(5)  a lease of real estate for a term longer than one 
year;                
		(6)  an agreement which is not to be performed within 
one year from the date of making the agreement;
		(7)  a promise or agreement to pay a commission for the 
sale or purchase of:
			(A)  an oil or gas mining lease;                                             
			(B)  an oil or gas royalty;                                                  
			(C)  minerals;  or                                                           
			(D)  a mineral interest;  and                                                
		(8)  an agreement, promise, contract, or warranty of 
cure relating to medical care or results thereof made by a physician 
or health care provider as defined in Section 74.001, Civil 
Practice and Remedies Code [1.03, Medical Liability and Insurance 
Improvement Act of Texas].  This section shall not apply to 
pharmacists.
	SECTION 2.  (a)  This Act applies only to a cause of action 
that accrues on or after the effective date of this Act.  An action 
that accrued before the effective date of this Act is governed by 
the law applicable to the action immediately before the effective 
date of this Act, and that law is continued in effect for that 
purpose.
	(b)  This Act applies only to an act, including an agreement, 
promise, contract, warranty, notice, request, disclosure, use of a 
consent form, or report, made or occurring on or after the effective 
date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.