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A BILL TO BE ENTITLED
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AN ACT
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relating to the effect of American Law Institute publications on |
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actions governed by the laws of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.001, Civil Practice and Remedies Code, |
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is amended by adding Subsections (c) and (d) to read as follows: |
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(c) Except as provided by Subsection (d), in any action |
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governed by the laws of this state concerning rights and |
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obligations under the law, a publication by the American Law |
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Institute, including a restatement or model code, may not be |
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considered to represent the laws of this state and may not be wholly |
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or partly relied on by a court for a ruling on a motion or a judgment |
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if the publication in its final form was published after December |
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31, 1999. |
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(d) Subsection (c) does not apply to a provision in a |
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publication by the American Law Institute that: |
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(1) appeared in its exact form in a publication of the |
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American Law Institute published in its final form before January |
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1, 2000; |
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(2) is identical to or affirmatively adopted by a law |
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enacted by the legislature; or |
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(3) is identical to the common law of this state |
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without reference to any publication published after December 31, |
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1999. |
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SECTION 2. Sections 5.001(c) and (d), Civil Practice and |
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Remedies Code, as added by this Act, apply only to an action pending |
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on or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |