Texas House Bill HB1240

Texas 2011 - 82nd Regular

• Out of House Committee: 5/9/11
• Introduced: 2/10/11
• Refer: 3/1/11
• Report Pass: 5/9/11

Caption

Relating to the application of foreign and international laws and doctrines in this state and requiring a court of this state to uphold and apply certain laws, including the doctrine requiring courts to refrain from involvement in religious doctrinal interpretation or application.

Impact

The bill will significantly impact how courts in Texas handle cases that may involve elements of foreign or international law. By enshrining this prohibition in law, it eliminates any potential reliance on external legal principles that do not bind Texas or the United States. Additionally, it reinforces the application of the Constitution of the United States, the Texas Constitution, and specific federal laws in all judicial proceedings. This could lead to a more uniform application of the law within the state but may also simplify complex legal issues by removing foreign legal references.

Summary

House Bill 1240 addresses the application of foreign and international laws within the state of Texas. It explicitly prohibits Texas courts, arbitrators, or administrative adjudicators from basing their rulings on any foreign or international law or doctrine. The bill aims to prioritize Texas law and federal law in judicial decisions, thus reinforcing the state's autonomy in legal interpretations and applications. This legislation is introduced with the intent of providing clarity on the legal frameworks courts can rely upon, ensuring that Texas laws are upheld above those originating from outside jurisdictions.

Contention

Notable points of contention surrounding HB 1240 may revolve around the balance between state autonomy and the appropriate recognition of international legal principles. Critics could argue that such a blanket prohibition might limit the judicial system's flexibility in interpreting cases that might benefit from considering international law, especially in areas of commercial law or human rights. Furthermore, the implications for cases involving religious doctrines might also arise as the bill explicitly references the church autonomy doctrine, potentially provoking debates regarding the separation of church and state in legal interpretation.