LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 31, 2011 TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB911 by Berman (Relating to the application of foreign laws and foreign forum selection in this state.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to provide that a ruling of a court, arbitrator, or administrative adjudicator may not be based on a law of a jurisdiction outside of the United States ("foreign law") if the application of the law would violate a right guaranteed by the United States or Texas Constitutions. The bill also provides that a contract provision requiring the use of foreign law or a foreign forum in a dispute under the contract is void if application of the foreign law would violate a right guaranteed by the United States or Texas Constitutions. Finally, the bill prohibits removing an action filed in Texas by a Texas resident to another forum if application of the foreign law to be applied in the other forum would violate a right guaranteed by the United States or Texas Constitutions. The bill is not expected to cause a significant increase in the number of cases heard in the state courts. Consequently, no significant impact on the state court system is anticipated. The bill would take effect September 1, 2011. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, JT, TB, KKR
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 31, 2011
TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB911 by Berman (Relating to the application of foreign laws and foreign forum selection in this state.), As Introduced
TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB911 by Berman (Relating to the application of foreign laws and foreign forum selection in this state.), As Introduced
Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB911 by Berman (Relating to the application of foreign laws and foreign forum selection in this state.), As Introduced
HB911 by Berman (Relating to the application of foreign laws and foreign forum selection in this state.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide that a ruling of a court, arbitrator, or administrative adjudicator may not be based on a law of a jurisdiction outside of the United States ("foreign law") if the application of the law would violate a right guaranteed by the United States or Texas Constitutions. The bill also provides that a contract provision requiring the use of foreign law or a foreign forum in a dispute under the contract is void if application of the foreign law would violate a right guaranteed by the United States or Texas Constitutions. Finally, the bill prohibits removing an action filed in Texas by a Texas resident to another forum if application of the foreign law to be applied in the other forum would violate a right guaranteed by the United States or Texas Constitutions. The bill is not expected to cause a significant increase in the number of cases heard in the state courts. Consequently, no significant impact on the state court system is anticipated. The bill would take effect September 1, 2011.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: JOB, JT, TB, KKR
JOB, JT, TB, KKR