Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB911 by Berman (relating to the application of foreign laws and foreign forum selection in this state with regard to family law matters.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide that a ruling of a court, arbitrator, or administrative adjudicator may not be based on a law of a jurisdiction outside of the United States ("foreign law") if the application of the law would violate a right guaranteed by the United States or Texas Constitutions. The bill would provide that the application of the foreign law may not violate a state statute. The bill also provides that a contract provision requiring the use of foreign law or a foreign forum in a dispute under the Family Code is void if application of the foreign law would violate a right guaranteed by the United States or Texas Constitutions. The bill is not expected to cause a significant increase in the number of cases heard in the state courts. Consequently, no significant impact on the state court system is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council