| 1 | 1 | | 82R24655 CAE-F |
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| 2 | 2 | | By: Zedler, Flynn H.B. No. 1240 |
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| 3 | 3 | | Substitute the following for H.B. No. 1240: |
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| 4 | 4 | | By: Darby C.S.H.B. No. 1240 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the application of foreign and international laws and |
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| 10 | 10 | | doctrines in this state and requiring a court of this state to |
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| 11 | 11 | | uphold and apply certain laws, including the doctrine requiring |
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| 12 | 12 | | courts to refrain from involvement in religious doctrinal |
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| 13 | 13 | | interpretation or application. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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| 16 | 16 | | amended by adding Chapter 148 to read as follows: |
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| 17 | 17 | | CHAPTER 148. APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND |
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| 18 | 18 | | DOCTRINES; APPLICATION OF STATE AND FEDERAL LAW |
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| 19 | 19 | | Sec. 148.001. DEFINITION. In this chapter, "foreign or |
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| 20 | 20 | | international law or doctrine" means a law, rule, legal code, or |
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| 21 | 21 | | principle of a jurisdiction outside the legal traditions of the |
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| 22 | 22 | | states and territories of the United States, including |
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| 23 | 23 | | international laws, that do not have a binding effect on this state |
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| 24 | 24 | | or the United States. |
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| 25 | 25 | | Sec. 148.002. DECISION BASED ON FOREIGN OR INTERNATIONAL |
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| 26 | 26 | | LAW OR DOCTRINE; APPLICATION OF STATE AND FEDERAL LAW. (a) A |
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| 27 | 27 | | court, arbitrator, or administrative adjudicator may not base a |
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| 28 | 28 | | ruling or decision on: |
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| 29 | 29 | | (1) a foreign or international law or doctrine; or |
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| 30 | 30 | | (2) a prior ruling or decision that was based on a |
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| 31 | 31 | | foreign or international law or doctrine. |
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| 32 | 32 | | (b) Subsection (a) does not prohibit a court, arbitrator, or |
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| 33 | 33 | | administrative adjudicator from recognizing a document that: |
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| 34 | 34 | | (1) was issued or certified by a governmental entity |
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| 35 | 35 | | within the territorial jurisdiction of the United States; or |
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| 36 | 36 | | (2) was issued or certified by a foreign court or |
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| 37 | 37 | | governmental entity for the purpose of: |
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| 38 | 38 | | (A) determining a person's identification; |
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| 39 | 39 | | (B) enforcing a business contract or arrangement |
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| 40 | 40 | | that lists this state as a venue for disposition; or |
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| 41 | 41 | | (C) providing expository evidence for the |
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| 42 | 42 | | purpose of recognizing the adoption of a child. |
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| 43 | 43 | | (c) A court shall uphold and apply the Constitution of the |
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| 44 | 44 | | United States, the constitution of this state, federal laws, and |
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| 45 | 45 | | the laws of this state, including the doctrine that is derived from |
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| 46 | 46 | | the First Amendment to the United States Constitution and known as |
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| 47 | 47 | | the church autonomy doctrine, which in part requires courts to |
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| 48 | 48 | | refrain from involvement in religious doctrinal interpretation or |
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| 49 | 49 | | application. |
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| 50 | 50 | | SECTION 2. Section 148.002, Civil Practice and Remedies |
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| 51 | 51 | | Code, as added by this Act, applies only to a ruling or decision |
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| 52 | 52 | | that becomes final on or after the effective date of this Act. A |
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| 53 | 53 | | ruling or decision that becomes final before the effective date of |
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| 54 | 54 | | this Act and any appeal of that ruling or decision are governed by |
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| 55 | 55 | | the law in effect immediately before the effective date of this Act, |
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| 56 | 56 | | and that law is continued in effect for that purpose. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2011. |
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