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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 laws and foreign forum |
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selection in a proceeding involving marriage, a suit for |
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dissolution of a marriage, or a suit affecting the parent-child |
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relationship in this state. |
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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 LAWS; SELECTION OF FOREIGN |
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FORUM |
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Sec. 1A.001. DEFINITION. In this chapter, "foreign law" |
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means a law, rule, or legal code of a jurisdiction outside of the |
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states and territories of the United States. |
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Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A ruling or |
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decision of a court, arbitrator, or administrative adjudicator |
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under this title may not be based on a foreign law if the |
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application of that law would violate a fundamental right |
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guaranteed by the United States Constitution or the constitution or |
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a statute of this state. |
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Sec. 1A.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. |
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(a) A contract provision involving the marriage relationship |
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providing that a foreign law is to govern a dispute arising under |
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the contract is void to the extent that the application of the |
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foreign law to the dispute would violate a fundamental right |
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guaranteed by the United States Constitution or the constitution of |
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this state. |
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(b) A contract provision involving the marriage |
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relationship providing that the forum to resolve a dispute arising |
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under the contract is located outside the states and territories of |
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the United States is void if the foreign law that would be applied |
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to the dispute in that forum would, as applied, violate a |
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fundamental right guaranteed by the United States Constitution or |
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the constitution of this state. |
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Sec. 1A.004. APPLICATION OF CHAPTER. This chapter does not |
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apply to a corporation or other legal entity that contracts to |
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subject the entity to foreign law in a jurisdiction other than this |
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state or the United States. |
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SECTION 2. Subtitle A, Title 5, Family Code, is amended by |
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adding Chapter 112 to read as follows: |
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CHAPTER 112. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN |
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FORUM |
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Sec. 112.001. DEFINITION. In this chapter, "foreign law" |
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means a law, rule, or legal code of a jurisdiction outside of the |
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states and territories of the United States. |
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Sec. 112.002. DECISION BASED ON FOREIGN LAW. A ruling or |
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decision of a court, arbitrator, or administrative adjudicator in a |
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suit affecting the parent-child relationship may not be based on a |
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foreign law if the application of that law would violate a |
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fundamental right guaranteed by the United States Constitution or |
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the constitution or a statute of this state. |
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Sec. 112.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. |
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(a) A contract provision involving the parent-child relationship |
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providing that a foreign law is to govern a dispute arising under |
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|
the contract is void to the extent that the application of the |
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foreign law to the dispute would violate a fundamental right |
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guaranteed by the United States Constitution or the constitution of |
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this state. |
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(b) A contract provision involving the parent-child |
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relationship providing that the forum to resolve a dispute arising |
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|
under the contract is located outside the states and territories of |
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the United States is void if the foreign law that would be applied |
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to the dispute in that forum would, as applied, violate a |
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fundamental right guaranteed by the United States Constitution or |
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the constitution of this state. |
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Sec. 112.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to a corporation or other legal entity that contracts to |
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subject the entity to foreign law in a jurisdiction other than this |
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state or the United States. |
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SECTION 3. (a) Chapters 1A and 112, Family Code, as added |
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by this Act, apply only to a ruling or decision that becomes final |
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on or after the effective date of this Act. A ruling or decision |
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that becomes final before the effective date of this Act and any |
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appeal of that ruling or decision are governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) Chapters 1A and 112, Family Code, as added by this Act, |
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apply only to a contract entered into on or after the effective date |
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of this Act. A contract entered into before the effective date of |
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this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |