82R4258 CAE-F
 
  By: Weber H.B. No. 3027
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of foreign laws and foreign forum
  selection in this state.
         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 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 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 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 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. 148.004.  LIMITATION ON FORUM NON CONVENIENS. If a
  resident of this state commences an action in this state, a court
  may not grant a motion for forum non conveniens if the foreign law
  that would be applied to the dispute in the forum to which the
  moving party seeks to have the action removed 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.
         (c)  Section 148.004, Civil Practice and Remedies Code, as
  added by this Act, applies only to a motion for forum non conveniens
  made on or after the effective date of this Act. A motion for forum
  non conveniens made 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.