83R1795 TJS-F
By: Zedler H.B. No. 288
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Civil Practice and Remedies Code, is
amended by adding Chapter 148 to read as follows:
CHAPTER 148. APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND
DOCTRINES; APPLICATION OF STATE AND FEDERAL LAW
Sec. 148.001. DEFINITION. In this chapter, "foreign or
international law or doctrine" means a law, rule, legal code, or
principle of a jurisdiction outside the legal traditions of the
states and territories of the United States, including
international laws, that do not have a binding effect on this state
or the United States.
Sec. 148.002. DECISION BASED ON FOREIGN OR INTERNATIONAL
LAW OR DOCTRINE; APPLICATION OF STATE AND FEDERAL LAW. (a) A
court, arbitrator, or administrative adjudicator may not base a
ruling or decision on:
(1) a foreign or international law or doctrine; or
(2) a prior ruling or decision that was based on a
foreign or international law or doctrine.
(b) Subsection (a) does not prohibit a court, arbitrator, or
administrative adjudicator from recognizing a document that:
(1) was issued or certified by a governmental entity
within the territorial jurisdiction of the United States; or
(2) was issued or certified by a foreign court or
governmental entity for the purpose of:
(A) determining a person's identification;
(B) enforcing a business contract or arrangement
that lists this state as a venue for disposition; or
(C) providing expository evidence for the
purpose of recognizing the adoption of a child.
(c) A court shall uphold and apply the Constitution of the
United States, the constitution of this state, federal laws, and
the laws of this state, including the doctrine that is derived from
the First Amendment to the United States Constitution and known as
the church autonomy doctrine, which in part requires courts to
refrain from involvement in religious doctrinal interpretation or
application.
SECTION 2. Section 148.002, Civil Practice and Remedies
Code, as added by this Act, applies only to a ruling or decision
that becomes final on or after the effective date of this Act. A
ruling or decision that becomes final before the effective date of
this Act and any appeal of that ruling or decision are governed by
the law in effect immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.