By: Carona S.B. No. 1639
A BILL TO BE ENTITLED
AN ACT
relating to the application of foreign law and foreign forum
selection in certain family law proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 1, Family Code, is amended by
adding Chapter 1A to read as follows:
CHAPTER 1A. APPLICATION OF FOREIGN LAW
Sec. 1A.001. DEFINITIONS. In this chapter:
(1) "Foreign law" means a law, rule, or legal code,
substantive or procedural, of a jurisdiction outside the states and
territories of the United States; it does not mean or include any
laws of the Native American tribes of the states and territories of
the United States.
(2) "Court" means any court or administrative
adjudicator.
(3) "Foreign court" means any court outside the states
and territories of the United States; it does not mean or include
any court of the Native American tribes of the states and
territories of the United States.
(4) "Arbitrator" means any arbitrator or arbitration
panel.
(5) "Suit affecting the parent-child relationship"
means a suit filed as provided by Title 5 in which appointment of a
managing conservator or possessory conservator, access to or
support of a child, or establishment or termination of the
parent-child relationship is requested, or any analogous
proceeding in a foreign court. The following are not suits
affecting the parent-child relationship:
(A) a habeas corpus proceeding under Chapter 157;
(B) a proceeding filed under Chapter 159 to
determine parentage or to establish, enforce, or modify child
support, whether this state is acting as the initiating or
responding state; or
(C) a proceeding under Title 2.
Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A court of this
state may not apply foreign law to adjudicate a suit affecting the
marriage relationship, or a suit affecting the parent-child
relationship, if the application of the foreign law would not
guarantee the same fundamental rights guaranteed by the United
States Constitution.
Sec. 1A.003. CHOICE OF LAW IN A CONTRACT. Any contract
provision requiring the application of foreign law to adjudicate a
suit affecting the marriage relationship, or a suit affecting the
parent-child relationship, is void to the extent the application of
the foreign law would not guarantee the same fundamental rights
guaranteed by the United States Constitution.
Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW.
A court of this state may not enforce, or grant comity to, a
finding, ruling, order, or judgment on a suit affecting the
marriage relationship, or on a suit affecting the parent-child
relationship, issued by an arbitrator or foreign court based on
foreign law, if the foreign law, as applied, did not guarantee the
same fundamental rights guaranteed by the United States
Constitution.
Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract
provision requiring that a foreign court or arbitrator adjudicate a
suit affecting the marriage relationship, or a suit affecting the
parent-child relationship, is void to the extent the arbitrator or
foreign court would apply foreign law and the foreign law, as
applied, would not guarantee the same fundamental rights guaranteed
by the United States Constitution.
Sec. 1A.006. FORUM NON CONVENIENS. A court of this state
that has jurisdiction to adjudicate a suit affecting the marriage
relationship, or a suit affecting the parent-child relationship,
may not decline its jurisdiction because a foreign court is a more
convenient forum, if the foreign court would apply foreign law that
would not guarantee the same fundamental rights guaranteed by the
United States Constitution.
Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) a corporation or other legal entity that contracts
to subject the entity to foreign law before an arbitrator or a
foreign court;
(2) any transaction that is primarily for business,
commercial, investment, agricultural, or similar purposes; or
(3) any transaction, issue, agreement, or provision of
an agreement that is governed by Chapter 271, Business & Commerce
Code.
(b) This chapter is inapplicable to the extent that a
statute or treaty of the United States requires the application of
foreign law or the enforcement of a judgment rendered by a foreign
court.
SECTION 2. Chapter 271, Business & Commerce Code, is
amended by adding Section 271.012 to read as follows:
Sec. 271.012. APPLICATION OF CHAPTER 1A, FAMILY CODE.
Chapter 1A, Family Code, does not apply to the provisions of this
chapter.
SECTION 3. The changes in law made by this Act relating to
the applicability of foreign law to a suit affecting the marriage
relationship, a suit affecting the parent-child relationship, or a
suit for modification of the parent-child relationship apply to a
suit pending in a trial court on the effective date of this Act or
filed on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.