Bill Text: TX SB531 | 2015-2016 | 84th Legislature | Comm Sub
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 62-0)
Status: (Engrossed - Dead) 2015-05-24 - Considered in Calendars [SB531 Detail]
Download: Texas-2015-SB531-Comm_Sub.html
| By: Campbell, et al. | S.B. No. 531 | |
| (Leach) | ||
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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. DEFINITIONS; PUBLIC POLICY. (a) In this | ||
| chapter: | ||
| (1) "Foreign court" means any court, tribunal, | ||
| administrative adjudicator, or arbitrator outside of the states and | ||
| territories of the United States. | ||
| (2) "Foreign judgment" means a judgment issued by a | ||
| foreign court. | ||
| (3) "Foreign law" means a law, rule, or legal code of a | ||
| jurisdiction outside of the states and territories of the United | ||
| States. | ||
| (b) For purposes of this chapter, the application of a law | ||
| is contrary to the public policy of this state if application of the | ||
| law would: | ||
| (1) violate a fundamental right guaranteed by the | ||
| United States Constitution; | ||
| (2) violate a fundamental right guaranteed by the | ||
| constitution of this state; | ||
| (3) violate good morals or natural justice; or | ||
| (4) be prejudicial to the general interests of the | ||
| citizens of this state. | ||
| Sec. 1A.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN | ||
| FOREIGN JUDGMENTS. A court of this state may not enforce a foreign | ||
| judgment involving the marriage relationship if the court finds | ||
| that the foreign court's application of foreign law to the dispute | ||
| was contrary to the public policy of this state. | ||
| Sec. 1A.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN | ||
| ARBITRATION DECISIONS. A court of this state may not enforce an | ||
| arbitration decision involving the marriage relationship if the | ||
| court finds that the arbitrator's application of foreign law to the | ||
| dispute was contrary to the public policy of this state. | ||
| Sec. 1A.004. CONFLICTS OF LAW. A court of this state may | ||
| not apply foreign law to a dispute involving the marriage | ||
| relationship if the court finds that application of the foreign law | ||
| to the dispute would be contrary to the public policy of this state. | ||
| Sec. 1A.005. 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 be contrary to the public policy 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, be contrary to the | ||
| public policy of this state. | ||
| Sec. 1A.006. FORUM NON CONVENIENS. A court of this state | ||
| that has jurisdiction to adjudicate a suit affecting the marriage | ||
| relationship may not decline jurisdiction because a foreign court | ||
| is a more convenient forum if the foreign court would apply foreign | ||
| law to the dispute that, as applied, would be contrary to the public | ||
| policy of this state. | ||
| Sec. 1A.007. APPLICATION OF CHAPTER. This chapter does not | ||
| apply to a corporation or other legal entity that contracts to | ||
| subject the entity to foreign law. | ||
| 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. DEFINITIONS; PUBLIC POLICY. (a) In this | ||
| chapter: | ||
| (1) "Foreign court" means any court, tribunal, | ||
| administrative adjudicator, or arbitrator outside of the states and | ||
| territories of the United States. | ||
| (2) "Foreign judgment" means a judgment issued by a | ||
| foreign court. | ||
| (3) "Foreign law" means a law, rule, or legal code of a | ||
| jurisdiction outside of the states and territories of the United | ||
| States. | ||
| (b) For purposes of this chapter, the application of a law | ||
| is contrary to the public policy of this state if application of the | ||
| law would: | ||
| (1) violate a fundamental right guaranteed by the | ||
| United States Constitution; | ||
| (2) violate a fundamental right guaranteed by the | ||
| constitution of this state; | ||
| (3) violate good morals or natural justice; or | ||
| (4) be prejudicial to the general interests of the | ||
| citizens of this state. | ||
| Sec. 112.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN | ||
| FOREIGN JUDGMENTS. A court of this state may not enforce a foreign | ||
| judgment involving the parent-child relationship if the court finds | ||
| that the foreign court's application of foreign law to the dispute | ||
| was contrary to the public policy of this state. | ||
| Sec. 112.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN | ||
| ARBITRATION DECISIONS. A court of this state may not enforce an | ||
| arbitration decision involving the parent-child relationship if | ||
| the court finds that the arbitrator's application of foreign law to | ||
| the dispute was contrary to the public policy of this state. | ||
| Sec. 112.004. CONFLICTS OF LAW. A court of this state may | ||
| not apply foreign law to a dispute involving the parent-child | ||
| relationship if the court finds that application of the foreign law | ||
| to the dispute would be contrary to the public policy of this state. | ||
| Sec. 112.005. 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 be contrary to the public policy 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, be contrary to the | ||
| public policy of this state. | ||
| Sec. 112.006. FORUM NON CONVENIENS. A court of this state | ||
| that has jurisdiction to adjudicate a suit affecting the | ||
| parent-child relationship may not decline jurisdiction because a | ||
| foreign court is a more convenient forum if the foreign court would | ||
| apply foreign law to the dispute that, as applied, would be contrary | ||
| to the public policy of this state. | ||
| Sec. 112.007. APPLICATION OF CHAPTER. This chapter does | ||
| not apply to a corporation or other legal entity that contracts to | ||
| subject the entity to foreign law. | ||
| SECTION 3. Sections 1A.005 and 112.005, 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. | ||
