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Texas Business & Commerce Code - Section 35.53. Notice Of Law; Dispute Resolution Forum Applicable To Contract

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.53. Notice Of Law; Dispute Resolution Forum Applicable To Contract

§ 35.53. NOTICE OF LAW;  DISPUTE RESOLUTION FORUM 
APPLICABLE TO CONTRACT.  (a) This section applies to a contract 
only if:
		(1)  the contract is for the sale, lease, exchange, or 
other disposition for value of goods for the price, rental, or other 
consideration of $50,000 or less;
		(2)  any element of the execution of the contract 
occurred in this state and a party to the contract is:
			(A)  an individual resident of this state;  or                               
			(B)  an association or corporation created under 
the laws of this state or having its principal place of business in 
this state;  and
		(3)  Section 1.301 of this code does not apply to the 
contract.             
	(b)  If a contract to which this section applies contains a 
provision making the contract or any conflict arising under the 
contract subject to the laws of another state, to litigation in the 
courts of another state, or to arbitration in another state, the 
provisions must be set out conspicuously in print, type, or other 
form of writing that is bold-faced, capitalized, underlined, or 
otherwise set out in such a manner that a reasonable person against 
whom the provision may operate would notice.  If the provision is 
not set out as provided by this subsection, the provision is 
voidable by a party against whom it is sought to be enforced.
	(c)  Repealed by Acts 1993, 73rd Leg., ch. 570, § 16(4), 
eff. Sept. 1, 1993.

Added by Acts 1987, 70th Leg., ch. 812, § 1, eff. Sept. 1, 1987.  
Amended by Acts 1989, 71st Leg., ch. 622, § 2, eff. Sept. 1, 
1989;  Acts 1989, 71st Leg., ch. 772, § 1, eff. Sept. 1, 1989;  
Acts 1991, 72nd Leg., ch. 840, § 1, eff. Aug. 26, 1991;  Acts 
1993, 73rd Leg., ch. 570, § 14, 16(4), eff. Sept. 1, 1993;  Acts 
2005, 79th Leg., ch. 728, § 2.001, eff. Sept. 1, 2005.

Last modified: August 10, 2007