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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of foreign law and foreign forum |
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selection in certain family law proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 1, Family Code, is amended by |
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adding Chapter 1A to read as follows: |
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CHAPTER 1A. APPLICATION OF FOREIGN LAW |
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Sec. 1A.001. DEFINITIONS. In this chapter: |
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(1) "Foreign law" means a law, rule, or legal code, |
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substantive or procedural, of a jurisdiction outside the states and |
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territories of the United States; it does not mean or include any |
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laws of the Native American tribes of the states and territories of |
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the United States. |
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(2) "Court" means any court or administrative |
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adjudicator. |
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(3) "Foreign court" means any court outside the states |
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and territories of the United States; it does not mean or include |
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any court of the Native American tribes of the states and |
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territories of the United States. |
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(4) "Arbitrator" means any arbitrator or arbitration |
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panel. |
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(5) "Suit affecting the parent-child relationship" |
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means a suit filed as provided by Title 5 in which appointment of a |
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managing conservator or possessory conservator, access to or |
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support of a child, or establishment or termination of the |
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parent-child relationship is requested, or any analogous |
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proceeding in a foreign court. The following are not suits |
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affecting the parent-child relationship: |
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(A) a habeas corpus proceeding under Chapter 157; |
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(B) a proceeding filed under Chapter 159 to |
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determine parentage or to establish, enforce, or modify child |
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support, whether this state is acting as the initiating or |
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responding state; or |
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(C) a proceeding under Title 2. |
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Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A court of this |
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state may not apply foreign law to adjudicate a suit affecting the |
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marriage relationship, or a suit affecting the parent-child |
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relationship, if the application of the foreign law would not |
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guarantee the same fundamental rights guaranteed by the United |
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States Constitution. |
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Sec. 1A.003. CHOICE OF LAW IN A CONTRACT. Any contract |
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provision requiring the application of foreign law to adjudicate a |
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suit affecting the marriage relationship, or a suit affecting the |
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parent-child relationship, is void to the extent the application of |
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the foreign law would not guarantee the same fundamental rights |
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guaranteed by the United States Constitution. |
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Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW. |
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A court of this state may not enforce, or grant comity to, a |
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finding, ruling, order, or judgment on a suit affecting the |
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marriage relationship, or on a suit affecting the parent-child |
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relationship, issued by an arbitrator or foreign court based on |
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foreign law, if the foreign law, as applied, did not guarantee the |
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same fundamental rights guaranteed by the United States |
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Constitution. |
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Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract |
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provision requiring that a foreign court or arbitrator adjudicate a |
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suit affecting the marriage relationship, or a suit affecting the |
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parent-child relationship, is void to the extent the arbitrator or |
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foreign court would apply foreign law and the foreign law, as |
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applied, would not guarantee the same fundamental rights guaranteed |
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by the United States Constitution. |
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Sec. 1A.006. FORUM NON CONVENIENS. A court of this state |
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that has jurisdiction to adjudicate a suit affecting the marriage |
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relationship, or a suit affecting the parent-child relationship, |
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may not decline its jurisdiction because a foreign court is a more |
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convenient forum, if the foreign court would apply foreign law that |
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would not guarantee the same fundamental rights guaranteed by the |
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United States Constitution. |
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Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter |
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does not apply to: |
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(1) a corporation or other legal entity that contracts |
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to subject the entity to foreign law before an arbitrator or a |
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foreign court; |
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(2) any transaction that is primarily for business, |
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commercial, investment, agricultural, or similar purposes; or |
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(3) any transaction, issue, agreement, or provision of |
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an agreement that is governed by Chapter 271, Business & Commerce |
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Code. |
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(b) This chapter is inapplicable to the extent that a |
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statute or treaty of the United States requires the application of |
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foreign law or the enforcement of a judgment rendered by a foreign |
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court. |
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SECTION 2. Chapter 271, Business & Commerce Code, is |
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amended by adding Section 271.012 to read as follows: |
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Sec. 271.012. APPLICATION OF CHAPTER 1A, FAMILY CODE. |
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Chapter 1A, Family Code, does not apply to the provisions of this |
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chapter. |
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SECTION 3. The changes in law made by this Act relating to |
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the applicability of foreign law to a suit affecting the marriage |
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relationship, a suit affecting the parent-child relationship, or a |
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suit for modification of the parent-child relationship apply to a |
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suit pending in a trial court on the effective date of this Act or |
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filed on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |