Bill Text: TX SB285 | 2013-2014 | 83rd Legislature | Introduced

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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.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2013-02-06 - Co-author authorized [SB285 Detail]

Download: Texas-2013-SB285-Introduced.html

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83R3126 KSD-F
By: Carona S.B. No. 285

A BILL TO BE ENTITLED
AN ACT
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 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. 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 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 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 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.
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 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. 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 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 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 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.
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, 2013.