Bill Text: TX SB1090 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-16 - Referred to State Affairs [SB1090 Detail]
Download: Texas-2015-SB1090-Introduced.html
84R8623 KSD-D | ||
By: Hall | S.B. No. 1090 |
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relating to the application of foreign laws and foreign forum | ||
selection in a proceeding involving marriage, a suit for | ||
dissolution of a marriage, or a suit affecting the parent-child | ||
relationship in this state. | ||
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 LAWS; SELECTION OF FOREIGN | ||
FORUM | ||
Sec. 1A.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. 1A.002. DECISION BASED ON FOREIGN LAW. A ruling or | ||
decision of a court, arbitrator, or administrative adjudicator | ||
under this title may not be based on a foreign law. | ||
Sec. 1A.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. | ||
(a) A contract provision involving the marriage relationship | ||
providing that a foreign law is to govern a dispute arising under | ||
the contract is void. | ||
(b) A contract provision involving the marriage | ||
relationship providing that the forum to resolve a dispute arising | ||
under the contract is located outside the states and territories of | ||
the United States is void. | ||
Sec. 1A.004. APPLICATION OF CHAPTER. This chapter does not | ||
apply to a corporation or other legal entity that contracts to | ||
subject the entity to foreign law in a jurisdiction other than this | ||
state or the United States. | ||
SECTION 2. Subtitle A, Title 5, Family Code, is amended by | ||
adding Chapter 112 to read as follows: | ||
CHAPTER 112. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN | ||
FORUM | ||
Sec. 112.001. 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. 112.002. DECISION BASED ON FOREIGN LAW. A ruling or | ||
decision of a court, arbitrator, or administrative adjudicator in a | ||
suit affecting the parent-child relationship may not be based on a | ||
foreign law. | ||
Sec. 112.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. | ||
(a) A contract provision involving the parent-child relationship | ||
providing that a foreign law is to govern a dispute arising under | ||
the contract is void. | ||
(b) A contract provision involving the parent-child | ||
relationship providing that the forum to resolve a dispute arising | ||
under the contract is located outside the states and territories of | ||
the United States is void. | ||
Sec. 112.004. APPLICATION OF CHAPTER. This chapter does | ||
not apply to a corporation or other legal entity that contracts to | ||
subject the entity to foreign law in a jurisdiction other than this | ||
state or the United States. | ||
SECTION 3. (a) Chapters 1A and 112, Family Code, as added | ||
by this Act, apply 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) Chapters 1A and 112, Family Code, as added by this Act, | ||
apply 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 4. This Act takes effect September 1, 2015. |