Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB562 by Leach (Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Family Code to specify that rulings or decisions of a court, arbitrator, or administrative adjudicator can not be based on foreign law if the application of that law would result in a violation of a fundamental right guaranteed by the United States Constitution. This would apply for proceedings involving marriage, dissolution of marriage, or a suit affecting the parent-child relationship, even in instances where the parties had entered into a contract with a choice of law provision.
Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council