Bill Text: TX HB911 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the application of foreign laws and foreign forum selection in this state with regard to family law matters.
Sponsorship: Partisan Bill (Republican 12)
Status: (Introduced - Dead) 2011-04-28 - Committee report sent to Calendars [HB911 Detail]
Download: Texas-2011-HB911-Comm_Sub.html
| 82R22970 CAE-F | |||
| By: Berman, Miller of Erath, Flynn, | H.B. No. 911 | ||
| Howard of Fort Bend, Weber, et al. | |||
| Substitute the following for H.B. No. 911: | |||
| By: Jackson | C.S.H.B. No. 911 | ||
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| relating to the application of foreign laws and foreign forum | ||
| selection in this state with regard to family law matters. | ||
| 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 LAWS; SELECTION OF FOREIGN | ||
| FORUM | ||
| Sec. 148.001. DEFINITION. In this chapter, "foreign law" | ||
| means a law, rule, or legal code of a jurisdiction outside of the | ||
| states and territories of the United States. | ||
| Sec. 148.002. DECISION BASED ON FOREIGN LAW. A ruling or | ||
| decision of a court, arbitrator, or administrative adjudicator on a | ||
| matter arising under the Family Code may not be based on a foreign | ||
| law if the application of that law would violate a right guaranteed | ||
| by the United States Constitution or the constitution or a statute | ||
| of this state. | ||
| Sec. 148.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. | ||
| (a) A contract provision providing that a foreign law is to govern | ||
| a dispute arising under the Family Code is void to the extent that | ||
| the application of the foreign law to the dispute would violate a | ||
| right guaranteed by the United States Constitution or the | ||
| constitution of this state. | ||
| (b) A contract provision providing that the forum to resolve | ||
| a dispute arising under the Family Code is located outside the | ||
| states and territories of the United States is void if the foreign | ||
| law that would be applied to the dispute in that forum would, as | ||
| applied, violate a right guaranteed by the United States | ||
| Constitution or the constitution of this state. | ||
| SECTION 2. (a) 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. | ||
| (b) Section 148.003, Civil Practice and Remedies Code, as | ||
| added by this Act, applies only to a contract entered into on or | ||
| after the effective date of this Act. A contract entered into | ||
| before the effective date of this Act is governed by the law in | ||
| effect immediately before that date, and that law is continued in | ||
| effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
