Texas House Bill HB3174

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Out of House Committee: 4/11/11
• Voted on by House: 4/19/11
• Refer: 3/18/11
• Out of Senate Committee: 5/12/11
• Report Pass: 4/6/11
• Voted on by Senate: 5/19/11
• Engrossed: 4/19/11
• Governor Action: 6/17/11
• Refer: 4/26/11
• Report Pass: 5/12/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the stay of recognition or enforcement of a foreign country judgment to allow for de novo review of a contract or agreement for a sale, offer for sale, or sell under The Securities Act.

Impact

If enacted, HB3174 would significantly alter the legal landscape regarding how foreign judgments are processed in Texas. By ensuring that the enforcement of foreign judgments is stayed pending a court's review of potential violations, this bill places additional scrutiny on such judgments. It would particularly impact contracts and agreements that impose obligations on Texas residents, providing them with greater protections against potentially problematic foreign judgments.

Summary

House Bill 3174 proposes an amendment to the Texas Securities Act regarding the recognition and enforcement of foreign country judgments. This bill introduces a provision that allows parties against whom a foreign judgment has been filed to request a de novo review before the enforcement of such judgments can proceed. This review process aims to ascertain whether there has been any violation of Texas securities law or other relevant business laws. Essentially, it provides defendants a mechanism to challenge foreign judgments on the grounds of statutory violations.

Conclusion

Overall, HB3174 seeks to refine the process of enforcing foreign judgments by embedding a system of checks aimed at protecting Texas residents from the implications of foreign legal decisions. The provisions for de novo review highlight a proactive approach to maintaining state law's integrity in the face of international legal matters.

Contention

Notably, the bill may raise questions regarding the balance of deference to foreign legal systems versus the protection of Texas residents' rights. Proponents of the bill argue that it empowers individuals to safeguard their rights against foreign entities that may disregard local law. However, critics may contend that this could complicate international legal proceedings and lead to greater delays and uncertainties in the enforcement of valid foreign judgments.