85R3424 KSD-F
 
  By: Fallon H.B. No. 498
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
         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 LAWS; SELECTION OF FOREIGN
  FORUM
         Sec. 1A.001.  DEFINITIONS; PUBLIC POLICY. (a)  In this
  chapter:
               (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.
               (3)  "Foreign law" means a law, rule, or legal code of a
  jurisdiction outside of the states and territories of the United
  States.
         (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.
         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.
         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. 
         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. 
         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.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.
         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.
         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:
               (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.
               (3)  "Foreign law" means a law, rule, or legal code of a
  jurisdiction outside of the states and territories of the United
  States.
         (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.
         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. 
         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. 
         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. 
         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.
         SECTION 3.  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.
         SECTION 4.  This Act takes effect September 1, 2017.