Bill Text: TX HB899 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the application of foreign laws and foreign forum selection in certain family law proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-14 - No action taken in committee [HB899 Detail]
Download: Texas-2015-HB899-Introduced.html
84R1332 KSD-F | ||
By: Fallon | H.B. No. 899 |
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relating to the application of foreign laws and foreign forum | ||
selection in certain family law proceedings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 1, Family Code, is amended by | ||
adding Chapter 1A to read as follows: | ||
CHAPTER 1A. APPLICATION OF FOREIGN LAW | ||
Sec. 1A.001. DEFINITIONS. In this chapter: | ||
(1) "Arbitrator" means an arbitrator or arbitration | ||
panel. | ||
(2) "Foreign law" means a substantive or procedural | ||
law, rule, or legal code of a jurisdiction outside of the states and | ||
territories of the United States. The term does not include a law | ||
of a Native American tribe of a state or territory of the United | ||
States. | ||
(3) "Foreign tribunal" means any tribunal outside the | ||
states and territories of the United States. The term does not | ||
include a tribunal of a Native American tribe of a state or | ||
territory of the United States. | ||
(4) "Tribunal" means any court or administrative | ||
adjudicator. | ||
Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A tribunal of | ||
this state may not apply foreign law to adjudicate a suit for | ||
dissolution of a marriage if the application of that law would not | ||
guarantee the same fundamental rights guaranteed by the United | ||
States Constitution. | ||
Sec. 1A.003. CHOICE OF LAW IN CONTRACT. A contract | ||
provision requiring the application of foreign law to adjudicate a | ||
suit for dissolution of a marriage is void to the extent that the | ||
application of foreign law would not guarantee the same fundamental | ||
rights guaranteed by the United States Constitution. | ||
Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW. | ||
A tribunal of this state may not enforce or grant comity to a | ||
finding, ruling, order, or judgment in a suit for dissolution of a | ||
marriage issued by an arbitrator or foreign tribunal based on | ||
foreign law if the foreign law, as applied, would not guarantee the | ||
same fundamental rights guaranteed by the United States | ||
Constitution. | ||
Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract | ||
provision requiring that a foreign tribunal or arbitrator | ||
adjudicate a suit for dissolution of a marriage is void if the | ||
foreign law that would be applied to the dispute by that tribunal or | ||
arbitrator would, as applied, not guarantee the same fundamental | ||
rights guaranteed by the United States Constitution. | ||
Sec. 1A.006. FORUM NON CONVENIENS. A tribunal of this state | ||
that has jurisdiction to adjudicate a suit for dissolution of a | ||
marriage may not decline jurisdiction because a foreign tribunal is | ||
a more convenient forum if the foreign tribunal would apply foreign | ||
law that would not guarantee the same fundamental rights guaranteed | ||
by the United States Constitution. | ||
Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter does | ||
not apply to: | ||
(1) a corporation or other legal entity that contracts | ||
to subject the entity to foreign law before a foreign tribunal or | ||
arbitrator; | ||
(2) any transaction that is primarily for business, | ||
commercial, investment, agricultural, or similar purposes; or | ||
(3) any transaction, issue, agreement, or provision of | ||
an agreement governed by Chapter 271, Business & Commerce Code. | ||
(b) This chapter is inapplicable to the extent a statute or | ||
treaty of the United States requires the application of foreign law | ||
or the enforcement of a judgment rendered by a foreign tribunal. | ||
SECTION 2. Subtitle A, Title 5, Family Code, is amended by | ||
adding Chapter 112 to read as follows: | ||
CHAPTER 112. APPLICATION OF FOREIGN LAW | ||
Sec. 112.001. DEFINITIONS. In this chapter: | ||
(1) "Arbitrator" means an arbitrator or arbitration | ||
panel. | ||
(2) "Foreign law" means a law, rule, or legal code of a | ||
jurisdiction outside of the states and territories of the United | ||
States. The term does not include a law of a Native American tribe | ||
of a state or territory of the United States. | ||
(3) "Foreign tribunal" means any tribunal outside the | ||
states and territories of the United States. The term does not | ||
include a tribunal of a Native American tribe of a state or | ||
territory of the United States. | ||
(4) "Tribunal" means any court or administrative | ||
adjudicator. | ||
Sec. 112.002. DECISION BASED ON FOREIGN LAW. A tribunal of | ||
this state may not apply foreign law to adjudicate a suit affecting | ||
the parent-child relationship if the application of that law would | ||
not guarantee the same fundamental rights guaranteed by the United | ||
States Constitution. | ||
Sec. 112.003. CHOICE OF LAW IN CONTRACT. A contract | ||
provision requiring the application of foreign law to adjudicate a | ||
suit affecting the parent-child relationship is void to the extent | ||
that the application of foreign law would not guarantee the same | ||
fundamental rights guaranteed by the United States Constitution. | ||
Sec. 112.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW. | ||
A tribunal of this state may not enforce or grant comity to a | ||
finding, ruling, order, or judgment in a suit affecting the | ||
parent-child relationship issued by an arbitrator or foreign | ||
tribunal based on foreign law if the foreign law, as applied, would | ||
not guarantee the same fundamental rights guaranteed by the United | ||
States Constitution. | ||
Sec. 112.005. CHOICE OF FORUM IN CONTRACT. Any contract | ||
provision requiring that a foreign tribunal or arbitrator | ||
adjudicate a suit affecting the parent-child relationship is void | ||
if the foreign law that would be applied to the dispute by that | ||
tribunal or arbitrator would, as applied, not guarantee the same | ||
fundamental rights guaranteed by the United States Constitution. | ||
Sec. 112.006. FORUM NON CONVENIENS. A tribunal of this | ||
state that has jurisdiction to adjudicate a suit affecting the | ||
parent-child relationship may not decline jurisdiction because a | ||
foreign tribunal is a more convenient forum if the foreign tribunal | ||
would apply foreign law that would not guarantee the same | ||
fundamental rights guaranteed by the United States Constitution. | ||
Sec. 112.007. APPLICATION OF CHAPTER. (a) This chapter | ||
does not apply to: | ||
(1) a corporation or other legal entity that contracts | ||
to subject the entity to foreign law before a foreign tribunal or | ||
arbitrator; | ||
(2) any transaction that is primarily for business, | ||
commercial, investment, agricultural, or similar purposes; or | ||
(3) any transaction, issue, agreement, or provision of | ||
an agreement governed by Chapter 271, Business & Commerce Code. | ||
(b) This chapter is inapplicable to the extent a statute or | ||
treaty of the United States requires the application of foreign law | ||
or the enforcement of a judgment rendered by a foreign tribunal. | ||
SECTION 3. Chapter 271, Business & Commerce Code, is | ||
amended by adding Section 271.012 to read as follows: | ||
Sec. 271.012. APPLICATION OF CERTAIN FAMILY LAW PROVISIONS. | ||
Chapters 1A and 112, Family Code, do not apply to this chapter. | ||
SECTION 4. Chapters 1A and 112, Family Code, as added by | ||
this Act, apply to a suit for dissolution of a marriage or a suit | ||
affecting the parent-child relationship pending in a trial court on | ||
or filed on or after the effective date of this Act. | ||
SECTION 5. This Act takes effect September 1, 2015. |