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