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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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 fundamental right guaranteed by the United States
Constitution or the constitution or a statute of this state.
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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:
(3) "Foreign
law" means a law, rule, or legal code of a jurisdiction outside of the
states and territories of the United States.
(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.
(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.
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No
equivalent provision.
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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.
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No
equivalent provision.
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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.
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No
equivalent provision.
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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.
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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 fundamental 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 fundamental 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.
No
equivalent provision.
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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.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.
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.
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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 fundamental
right guaranteed by the United States Constitution or the constitution or a
statute of this state.
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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:
(3) "Foreign
law" means a law, rule, or legal code of a jurisdiction outside of the
states and territories of the United States.
(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.
(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.
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No
equivalent provision.
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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.
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No
equivalent provision.
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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.
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No
equivalent provision.
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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.
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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 fundamental 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 fundamental right guaranteed by the
United States Constitution or the constitution of this state.
No
equivalent provision.
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.
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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.
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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.
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SECTION 3.
No
equivalent provision.
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.
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SECTION 4. This Act takes
effect September 1, 2015.
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SECTION 4. Same as introduced
version.
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