CHAPTER 274. LAW APPLICABLE TO CONTRACT MADE OVER INTERNET - Texas Statutes

BUSINESS AND COMMERCE CODE

TITLE 9. APPLICABILITY OF LAW TO COMMERCIAL TRANSACTIONS

CHAPTER 274. LAW APPLICABLE TO CONTRACT MADE OVER INTERNET

Sec. 274.001. DEFINITION. In this chapter, "Internet" means the

largest nonproprietary nonprofit cooperative public computer

network, popularly known as the Internet.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 274.002. APPLICABILITY OF CHAPTER; EXCEPTION. (a) Except

as provided by Subsection (b), this chapter applies only to a

contract made solely over the Internet between a person located

in this state and a person located outside this state who does

not maintain an office or agent in this state for transacting

business in this state.

(b) This chapter does not apply to a contract to which Chapter

271 applies.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 274.003. STATE LAW GOVERNING CONTRACT; BURDEN OF PROOF.

(a) A contract is governed by the law of this state unless each

party to the contract who is located in this state:

(1) is given notice that the law of the state in which another

party to the contract is located applies to the contract; and

(2) agrees to the application of that state's law.

(b) A person asserting that the law of another state governs a

contract has the burden of proving that notice was given and

agreement was obtained as specified by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.

Sec. 274.004. APPLICABILITY OF OTHER LAW TO CONTRACT. Section

1.031 and Chapter 273 do not apply to a contract to which this

chapter applies.

Added by Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 2.01, eff. April 1, 2009.