| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the application of foreign laws and foreign forum |
|
|
selection in certain family law proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 1, Family Code, is amended by |
|
|
adding Chapter 1A to read as follows: |
|
|
CHAPTER 1A. APPLICATION OF FOREIGN LAW |
|
|
Sec. 1A.001. DEFINITIONS. In this chapter: |
|
|
(1) "Arbitrator" means an arbitrator or arbitration |
|
|
panel. |
|
|
(2) "Foreign law" means a substantive or procedural |
|
|
law, rule, or legal code of a jurisdiction outside of the states and |
|
|
territories of the United States. The term does not include a law |
|
|
of a Native American tribe of a state or territory of the United |
|
|
States. |
|
|
(3) "Foreign tribunal" means any tribunal outside the |
|
|
states and territories of the United States. The term does not |
|
|
include a tribunal of a Native American tribe of a state or |
|
|
territory of the United States. |
|
|
(4) "Tribunal" means any court or administrative |
|
|
adjudicator. |
|
|
Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A tribunal of |
|
|
this state may not apply foreign law to adjudicate a suit for |
|
|
dissolution of a marriage if the application of that law would not |
|
|
guarantee the same fundamental rights guaranteed by the United |
|
|
States Constitution. |
|
|
Sec. 1A.003. CHOICE OF LAW IN CONTRACT. A contract |
|
|
provision requiring the application of foreign law to adjudicate a |
|
|
suit for dissolution of a marriage is void to the extent that the |
|
|
application of foreign law would not guarantee the same fundamental |
|
|
rights guaranteed by the United States Constitution. |
|
|
Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW. |
|
|
A tribunal of this state may not enforce or grant comity to a |
|
|
finding, ruling, order, or judgment in a suit for dissolution of a |
|
|
marriage issued by an arbitrator or foreign tribunal based on |
|
|
foreign law if the foreign law, as applied, would not guarantee the |
|
|
same fundamental rights guaranteed by the United States |
|
|
Constitution. |
|
|
Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract |
|
|
provision requiring that a foreign tribunal or arbitrator |
|
|
adjudicate a suit for dissolution of a marriage is void if the |
|
|
foreign law that would be applied to the dispute by that tribunal or |
|
|
arbitrator would, as applied, not guarantee the same fundamental |
|
|
rights guaranteed by the United States Constitution. |
|
|
Sec. 1A.006. FORUM NON CONVENIENS. A tribunal of this state |
|
|
that has jurisdiction to adjudicate a suit for dissolution of a |
|
|
marriage may not decline jurisdiction because a foreign tribunal is |
|
|
a more convenient forum if the foreign tribunal would apply foreign |
|
|
law that would not guarantee the same fundamental rights guaranteed |
|
|
by the United States Constitution. |
|
|
Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter does |
|
|
not apply to: |
|
|
(1) a corporation or other legal entity that contracts |
|
|
to subject the entity to foreign law before a foreign tribunal or |
|
|
arbitrator; |
|
|
(2) any transaction that is primarily for business, |
|
|
commercial, investment, agricultural, or similar purposes; or |
|
|
(3) any transaction, issue, agreement, or provision of |
|
|
an agreement governed by Chapter 271, Business & Commerce Code. |
|
|
(b) This chapter is inapplicable to the extent a statute or |
|
|
treaty of the United States requires the application of foreign law |
|
|
or the enforcement of a judgment rendered by a foreign tribunal. |
|
|
SECTION 2. Subtitle A, Title 5, Family Code, is amended by |
|
|
adding Chapter 112 to read as follows: |
|
|
CHAPTER 112. APPLICATION OF FOREIGN LAW |
|
|
Sec. 112.001. DEFINITIONS. In this chapter: |
|
|
(1) "Arbitrator" means an arbitrator or arbitration |
|
|
panel. |
|
|
(2) "Foreign law" means a law, rule, or legal code of a |
|
|
jurisdiction outside of the states and territories of the United |
|
|
States. The term does not include a law of a Native American tribe |
|
|
of a state or territory of the United States. |
|
|
(3) "Foreign tribunal" means any tribunal outside the |
|
|
states and territories of the United States. The term does not |
|
|
include a tribunal of a Native American tribe of a state or |
|
|
territory of the United States. |
|
|
(4) "Tribunal" means any court or administrative |
|
|
adjudicator. |
|
|
Sec. 112.002. DECISION BASED ON FOREIGN LAW. A tribunal of |
|
|
this state may not apply foreign law to adjudicate a suit affecting |
|
|
the parent-child relationship if the application of that law would |
|
|
not guarantee the same fundamental rights guaranteed by the United |
|
|
States Constitution. |
|
|
Sec. 112.003. CHOICE OF LAW IN CONTRACT. A contract |
|
|
provision requiring the application of foreign law to adjudicate a |
|
|
suit affecting the parent-child relationship is void to the extent |
|
|
that the application of foreign law would not guarantee the same |
|
|
fundamental rights guaranteed by the United States Constitution. |
|
|
Sec. 112.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW. |
|
|
A tribunal of this state may not enforce or grant comity to a |
|
|
finding, ruling, order, or judgment in a suit affecting the |
|
|
parent-child relationship issued by an arbitrator or foreign |
|
|
tribunal based on foreign law if the foreign law, as applied, would |
|
|
not guarantee the same fundamental rights guaranteed by the United |
|
|
States Constitution. |
|
|
Sec. 112.005. CHOICE OF FORUM IN CONTRACT. Any contract |
|
|
provision requiring that a foreign tribunal or arbitrator |
|
|
adjudicate a suit affecting the parent-child relationship is void |
|
|
if the foreign law that would be applied to the dispute by that |
|
|
tribunal or arbitrator would, as applied, not guarantee the same |
|
|
fundamental rights guaranteed by the United States Constitution. |
|
|
Sec. 112.006. FORUM NON CONVENIENS. A tribunal of this |
|
|
state that has jurisdiction to adjudicate a suit affecting the |
|
|
parent-child relationship may not decline jurisdiction because a |
|
|
foreign tribunal is a more convenient forum if the foreign tribunal |
|
|
would apply foreign law that would not guarantee the same |
|
|
fundamental rights guaranteed by the United States Constitution. |
|
|
Sec. 112.007. APPLICATION OF CHAPTER. (a) This chapter |
|
|
does not apply to: |
|
|
(1) a corporation or other legal entity that contracts |
|
|
to subject the entity to foreign law before a foreign tribunal or |
|
|
arbitrator; |
|
|
(2) any transaction that is primarily for business, |
|
|
commercial, investment, agricultural, or similar purposes; or |
|
|
(3) any transaction, issue, agreement, or provision of |
|
|
an agreement governed by Chapter 271, Business & Commerce Code. |
|
|
(b) This chapter is inapplicable to the extent a statute or |
|
|
treaty of the United States requires the application of foreign law |
|
|
or the enforcement of a judgment rendered by a foreign tribunal. |
|
|
SECTION 3. Chapter 271, Business & Commerce Code, is |
|
|
amended by adding Section 271.012 to read as follows: |
|
|
Sec. 271.012. APPLICATION OF CERTAIN FAMILY LAW PROVISIONS. |
|
|
Chapters 1A and 112, Family Code, do not apply to this chapter. |
|
|
SECTION 4. Chapters 1A and 112, Family Code, as added by |
|
|
this Act, apply to a suit for dissolution of a marriage or a suit |
|
|
affecting the parent-child relationship pending in a trial court on |
|
|
or filed on or after the effective date of this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2015. |