Bill Text: TX HB1240 | 2011-2012 | 82nd Legislature | Comm Sub


Bill Title: Relating to the application of foreign and international laws and doctrines in this state and requiring a court of this state to uphold and apply certain laws, including the doctrine requiring courts to refrain from involvement in religious doctrinal interpretation or application.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB1240 Detail]

Download: Texas-2011-HB1240-Comm_Sub.html
  82R24655 CAE-F
 
  By: Zedler, Flynn H.B. No. 1240
 
  Substitute the following for H.B. No. 1240:
 
  By:  Darby C.S.H.B. No. 1240
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of foreign and international laws and
  doctrines in this state and requiring a court of this state to
  uphold and apply certain laws, including the doctrine requiring
  courts to refrain from involvement in religious doctrinal
  interpretation or application.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Civil Practice and Remedies Code, is
  amended by adding Chapter 148 to read as follows:
  CHAPTER 148. APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND
  DOCTRINES; APPLICATION OF STATE AND FEDERAL LAW
         Sec. 148.001.  DEFINITION. In this chapter, "foreign or
  international law or doctrine" means a law, rule, legal code, or
  principle of a jurisdiction outside the legal traditions of the
  states and territories of the United States, including
  international laws, that do not have a binding effect on this state
  or the United States.
         Sec. 148.002.  DECISION BASED ON FOREIGN OR INTERNATIONAL
  LAW OR DOCTRINE; APPLICATION OF STATE AND FEDERAL LAW.  (a)  A
  court, arbitrator, or administrative adjudicator may not base a
  ruling or decision on:
               (1)  a foreign or international law or doctrine; or
               (2)  a prior ruling or decision that was based on a
  foreign or international law or doctrine.
         (b)  Subsection (a) does not prohibit a court, arbitrator, or
  administrative adjudicator from recognizing a document that:
               (1)  was issued or certified by a governmental entity
  within the territorial jurisdiction of the United States; or
               (2)  was issued or certified by a foreign court or
  governmental entity for the purpose of:
                     (A)  determining a person's identification;
                     (B)  enforcing a business contract or arrangement
  that lists this state as a venue for disposition; or
                     (C)  providing expository evidence for the
  purpose of recognizing the adoption of a child.
         (c)  A court shall uphold and apply the Constitution of the
  United States, the constitution of this state, federal laws, and
  the laws of this state, including the doctrine that is derived from
  the First Amendment to the United States Constitution and known as
  the church autonomy doctrine, which in part requires courts to
  refrain from involvement in religious doctrinal interpretation or
  application.
         SECTION 2.  Section 148.002, Civil Practice and Remedies
  Code, as added by this Act, applies only to a ruling or decision
  that becomes final on or after the effective date of this Act. A
  ruling or decision that becomes final before the effective date of
  this Act and any appeal of that ruling or decision are governed by
  the law in effect immediately before the effective date of this Act,
  and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.
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