Texas House Bill HB911

Texas 2011 - 82nd Regular

• Out of House Committee: 4/27/11
• Introduced: 1/26/11
• Refer: 2/24/11
• Report Pass: 4/18/11

Caption

Relating to the application of foreign laws and foreign forum selection in this state with regard to family law matters.

Impact

If enacted, HB 911 would impose clear limitations on the applicability of foreign laws in Texas family courts, essentially ensuring that any ruling or contract provision must comply with established constitutional guarantees. This change seeks to protect individuals within the family law jurisdiction from potential adverse implications of foreign legal systems, which may not align with U.S. legal standards or rights. Moreover, it aims to foster a legal environment that prioritizes local judicial authority over international contract provisions concerning family law.

Summary

House Bill 911 addresses the application of foreign laws and foreign forum selection specifically concerning family law matters within the state of Texas. The bill introduces Chapter 148 to the Civil Practice and Remedies Code, stipulating that decisions on family law matters cannot rely on foreign laws that conflict with rights guaranteed by the U.S. Constitution or Texas law. Additionally, it renders any contractual clauses that attempt to impose foreign law or designate foreign forums for resolving family law disputes void if they conflict with constitutional rights.

Contention

Notably, while the bill's proponents argue it is necessary to protect Texas residents from foreign legal influences that may undermine their rights, critics may raise concerns about the implications for contractual freedom and international legal relations. Some may also argue that the categorization of all foreign laws as potentially problematic could hinder fair and just legal recourse for individuals with cross-border family law matters. This tension between protecting state residents and preserving contractual autonomy could fuel debate among legislators and legal experts.