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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 and international laws and |
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doctrines in this state and requiring a court of this state to |
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uphold and apply certain laws, including the doctrine requiring |
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courts to refrain from involvement in religious doctrinal |
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interpretation or application. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 148 to read as follows: |
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CHAPTER 148. APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND |
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DOCTRINES; APPLICATION OF STATE AND FEDERAL LAW |
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Sec. 148.001. DEFINITION. In this chapter, "foreign or |
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international law or doctrine" means a law, rule, legal code, or |
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principle of a jurisdiction outside the legal traditions of the |
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states and territories of the United States, including |
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international laws, that do not have a binding effect on this state |
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or the United States. |
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Sec. 148.002. DECISION BASED ON FOREIGN OR INTERNATIONAL |
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LAW OR DOCTRINE; APPLICATION OF STATE AND FEDERAL LAW. (a) A |
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court, arbitrator, or administrative adjudicator may not base a |
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ruling or decision on: |
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(1) a foreign or international law or doctrine; or |
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(2) a prior ruling or decision that was based on a |
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foreign or international law or doctrine. |
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(b) Subsection (a) does not prohibit a court, arbitrator, or |
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administrative adjudicator from recognizing a document that: |
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(1) was issued or certified by a governmental entity |
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within the territorial jurisdiction of the United States; or |
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(2) was issued or certified by a foreign court or |
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governmental entity for the purpose of: |
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(A) determining a person's identification; |
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(B) enforcing a business contract or arrangement |
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that lists this state as a venue for disposition; or |
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(C) providing expository evidence for the |
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purpose of recognizing the adoption of a child. |
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(c) A court shall uphold and apply the Constitution of the |
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United States, the constitution of this state, federal laws, and |
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the laws of this state, including the doctrine that is derived from |
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the First Amendment to the United States Constitution and known as |
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the church autonomy doctrine, which in part requires courts to |
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refrain from involvement in religious doctrinal interpretation or |
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application. |
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SECTION 2. Section 148.002, Civil Practice and Remedies |
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Code, as added by this Act, applies only to a ruling or decision |
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that becomes final on or after the effective date of this Act. A |
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ruling or decision that becomes final before the effective date of |
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this Act and any appeal of that ruling or decision are governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |