| 1 | 1 | | 82R22970 CAE-F |
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| 2 | 2 | | By: Berman, Miller of Erath, Flynn, H.B. No. 911 |
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| 3 | 3 | | Howard of Fort Bend, Weber, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 911: |
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| 5 | 5 | | By: Jackson C.S.H.B. No. 911 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the application of foreign laws and foreign forum |
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| 11 | 11 | | selection in this state with regard to family law matters. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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| 14 | 14 | | amended by adding Chapter 148 to read as follows: |
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| 15 | 15 | | CHAPTER 148. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN |
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| 16 | 16 | | FORUM |
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| 17 | 17 | | Sec. 148.001. DEFINITION. In this chapter, "foreign law" |
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| 18 | 18 | | means a law, rule, or legal code of a jurisdiction outside of the |
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| 19 | 19 | | states and territories of the United States. |
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| 20 | 20 | | Sec. 148.002. DECISION BASED ON FOREIGN LAW. A ruling or |
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| 21 | 21 | | decision of a court, arbitrator, or administrative adjudicator on a |
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| 22 | 22 | | matter arising under the Family Code may not be based on a foreign |
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| 23 | 23 | | law if the application of that law would violate a right guaranteed |
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| 24 | 24 | | by the United States Constitution or the constitution or a statute |
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| 25 | 25 | | of this state. |
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| 26 | 26 | | Sec. 148.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. |
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| 27 | 27 | | (a) A contract provision providing that a foreign law is to govern |
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| 28 | 28 | | a dispute arising under the Family Code is void to the extent that |
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| 29 | 29 | | the application of the foreign law to the dispute would violate a |
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| 30 | 30 | | right guaranteed by the United States Constitution or the |
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| 31 | 31 | | constitution of this state. |
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| 32 | 32 | | (b) A contract provision providing that the forum to resolve |
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| 33 | 33 | | a dispute arising under the Family Code is located outside the |
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| 34 | 34 | | states and territories of the United States is void if the foreign |
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| 35 | 35 | | law that would be applied to the dispute in that forum would, as |
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| 36 | 36 | | applied, violate a right guaranteed by the United States |
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| 37 | 37 | | Constitution or the constitution of this state. |
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| 38 | 38 | | SECTION 2. (a) Section 148.002, Civil Practice and |
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| 39 | 39 | | Remedies Code, as added by this Act, applies only to a ruling or |
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| 40 | 40 | | decision that becomes final on or after the effective date of this |
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| 41 | 41 | | Act. A ruling or decision that becomes final before the effective |
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| 42 | 42 | | date of this Act and any appeal of that ruling or decision are |
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| 43 | 43 | | governed by the law in effect immediately before the effective date |
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| 44 | 44 | | of this Act, and that law is continued in effect for that purpose. |
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| 45 | 45 | | (b) Section 148.003, Civil Practice and Remedies Code, as |
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| 46 | 46 | | added by this Act, applies only to a contract entered into on or |
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| 47 | 47 | | after the effective date of this Act. A contract entered into |
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| 48 | 48 | | before the effective date of this Act is governed by the law in |
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| 49 | 49 | | effect immediately before that date, and that law is continued in |
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| 50 | 50 | | effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2011. |
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