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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. DEFINITIONS; PUBLIC POLICY. (a) In this |
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chapter: |
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(1) "Foreign court" means any court, tribunal, |
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administrative adjudicator, or arbitrator outside of the states and |
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territories of the United States. |
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(2) "Foreign judgment" means a judgment issued by a |
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foreign court. |
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(3) "Foreign law" means a law, rule, or legal code of a |
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jurisdiction outside of the states and territories of the United |
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States. |
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(b) For purposes of this chapter, the application of a law |
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is contrary to the public policy of this state if application of the |
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law would: |
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(1) violate a fundamental right guaranteed by the |
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United States Constitution; |
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(2) violate a fundamental right guaranteed by the |
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constitution of this state; |
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(3) violate good morals or natural justice; or |
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(4) be prejudicial to the general interests of the |
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citizens of this state. |
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Sec. 1A.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN |
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FOREIGN JUDGMENTS. A court of this state may not enforce a foreign |
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judgment involving the marriage relationship if the court finds |
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that the foreign court's application of foreign law to the dispute |
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was contrary to the public policy of this state. |
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Sec. 1A.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN |
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ARBITRATION DECISIONS. A court of this state may not enforce an |
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arbitration decision involving the marriage relationship if the |
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court finds that the arbitrator's application of foreign law to the |
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dispute was contrary to the public policy of this state. |
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Sec. 1A.004. CONFLICTS OF LAW. A court of this state may |
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not apply foreign law to a dispute involving the marriage |
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relationship if the court finds that application of the foreign law |
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to the dispute would be contrary to the public policy of this state. |
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Sec. 1A.005. 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 be contrary to the public policy 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, be contrary to the |
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public policy of this state. |
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Sec. 1A.006. FORUM NON CONVENIENS. A court of this state |
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that has jurisdiction to adjudicate a suit affecting the marriage |
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relationship may not decline jurisdiction because a foreign court |
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is a more convenient forum if the foreign court would apply foreign |
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law to the dispute that, as applied, would be contrary to the public |
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policy of this state. |
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Sec. 1A.007. 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. |
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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. DEFINITIONS; PUBLIC POLICY. (a) In this |
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chapter: |
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(1) "Foreign court" means any court, tribunal, |
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|
administrative adjudicator, or arbitrator outside of the states and |
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|
territories of the United States. |
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|
(2) "Foreign judgment" means a judgment issued by a |
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foreign court. |
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(3) "Foreign law" means a law, rule, or legal code of a |
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|
jurisdiction outside of the states and territories of the United |
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|
States. |
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(b) For purposes of this chapter, the application of a law |
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is contrary to the public policy of this state if application of the |
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|
law would: |
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(1) violate a fundamental right guaranteed by the |
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|
United States Constitution; |
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|
(2) violate a fundamental right guaranteed by the |
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|
constitution of this state; |
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(3) violate good morals or natural justice; or |
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|
(4) be prejudicial to the general interests of the |
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|
citizens of this state. |
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Sec. 112.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN |
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FOREIGN JUDGMENTS. A court of this state may not enforce a foreign |
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judgment involving the parent-child relationship if the court finds |
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that the foreign court's application of foreign law to the dispute |
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|
was contrary to the public policy of this state. |
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Sec. 112.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN |
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ARBITRATION DECISIONS. A court of this state may not enforce an |
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arbitration decision involving the parent-child relationship if |
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the court finds that the arbitrator's application of foreign law to |
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the dispute was contrary to the public policy of this state. |
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Sec. 112.004. CONFLICTS OF LAW. A court of this state may |
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not apply foreign law to a dispute involving the parent-child |
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relationship if the court finds that application of the foreign law |
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to the dispute would be contrary to the public policy of this state. |
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Sec. 112.005. 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 |
|
|
foreign law to the dispute would be contrary to the public policy 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, be contrary to the |
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public policy of this state. |
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Sec. 112.006. FORUM NON CONVENIENS. A court of this state |
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|
that has jurisdiction to adjudicate a suit affecting the |
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|
parent-child relationship may not decline jurisdiction because a |
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foreign court is a more convenient forum if the foreign court would |
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|
apply foreign law to the dispute that, as applied, would be contrary |
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to the public policy of this state. |
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Sec. 112.007. 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. |
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SECTION 3. Sections 1A.005 and 112.005, Family Code, as |
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added by this Act, apply only to a contract entered into on or after |
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the effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |