Texas 2013 - 83rd Regular

Texas Senate Bill SB1639 Compare Versions

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1	1	By: Carona, Birdwell, Paxton S.B. No. 1639
2	2	(In the Senate - Filed March 8, 2013; March 20, 2013, read
3	3	first time and referred to Committee on Jurisprudence;
4	4	March 25, 2013, referred to Committee on Business and Commerce;
5	5	April 15, 2013, reported adversely, with favorable Committee
6	6	Substitute by the following vote: Yeas 5, Nays 4; April 15, 2013,
7	7	sent to printer.)
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1639 By: Carona
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the application of foreign laws and foreign forum
14	14	selection in certain family law proceedings.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle A, Title 1, Family Code, is amended by
17	17	adding Chapter 1A to read as follows:
18	18	CHAPTER 1A. APPLICATION OF FOREIGN LAW
19	19	Sec. 1A.001. DEFINITIONS. In this chapter:
20	20	(1) "Arbitrator" means an arbitrator or arbitration
21	21	panel.
22	22	(2) "Foreign law" means a substantive or procedural
23	23	law, rule, or legal code of a jurisdiction outside of the states and
24	24	territories of the United States. The term does not include a law
25	25	of a Native American tribe of the states and territories of the
26	26	United States.
27	27	(3) "Foreign tribunal" means any tribunal outside the
28	28	states and territories of the United States. The term does not
29	29	include a tribunal of a Native American tribe of a state or
30	30	territory of the United States.
31	31	(4) "Tribunal" means any court or administrative
32	32	adjudicator.
33	33	Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A tribunal of
34	34	this state may not apply foreign law to adjudicate a suit for
35	35	dissolution of a marriage if the application of that law would not
36	36	guarantee the same fundamental rights guaranteed by the United
37	37	States Constitution.
38	38	Sec. 1A.003. CHOICE OF LAW IN CONTRACT. A contract
39	39	provision requiring the application of foreign law to adjudicate a
40	40	suit for dissolution of a marriage is void to the extent that the
41	41	application of foreign law would not guarantee the same fundamental
42	42	rights guaranteed by the United States Constitution.
43	43	Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW.
44	44	A tribunal of this state may not enforce or grant comity to a
45	45	finding, ruling, order, or judgment in a suit for dissolution of a
46	46	marriage issued by an arbitrator or foreign tribunal based on
47	47	foreign law if the foreign law, as applied, would not guarantee the
48	48	same fundamental rights guaranteed by the United States
49	49	Constitution.
50	50	Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract
51	51	provision requiring that a foreign tribunal or arbitrator
52	52	adjudicate a suit for dissolution of a marriage is void if the
53	53	foreign law that would be applied to the dispute by that tribunal or
54	54	arbitrator would, as applied, not guarantee the same fundamental
55	55	rights guaranteed by the United States Constitution.
56	56	Sec. 1A.006. FORUM NON CONVENIENS. A tribunal of this state
57	57	that has jurisdiction to adjudicate a suit for dissolution of a
58	58	marriage may not decline jurisdiction because a foreign tribunal is
59	59	a more convenient forum if the foreign tribunal would apply foreign
60	60	law that would not guarantee the same fundamental rights guaranteed
61	61	by the United States Constitution.
62	62	Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter
63	63	does not apply to:
64	64	(1) a corporation or other legal entity that contracts
65	65	to subject the entity to foreign law before a foreign tribunal or
66	66	arbitrator;
67	67	(2) any transaction that is primarily for business,
68	68	commercial, investment, agricultural, or similar purposes; or
69	69	(3) any transaction, issue, agreement, or provision of
70	70	an agreement governed by Chapter 271, Business & Commerce Code.
71	71	(b) This chapter is inapplicable to the extent a statute or
72	72	treaty of the United States requires the application of foreign law
73	73	or the enforcement of a judgment rendered by a foreign tribunal.
74	74	SECTION 2. Subtitle A, Title 5, Family Code, is amended by
75	75	adding Chapter 112 to read as follows:
76	76	CHAPTER 112. APPLICATION OF FOREIGN LAW
77	77	Sec. 112.001. DEFINITIONS. In this chapter:
78	78	(1) "Arbitrator" means an arbitrator or arbitration
79	79	panel.
80	80	(2) "Foreign law" means a law, rule, or legal code of a
81	81	jurisdiction outside of the states and territories of the United
82	82	States. The term does not include a law of a Native American tribe
83	83	of the states and territories of the United States.
84	84	(3) "Foreign tribunal" means any tribunal outside the
85	85	states and territories of the United States. The term does not
86	86	include a tribunal of a Native American tribe of a state or
87	87	territory of the United States.
88	88	(4) "Tribunal" means any court or administrative
89	89	adjudicator.
90	90	Sec. 112.002. DECISION BASED ON FOREIGN LAW. A tribunal of
91	91	this state may not apply foreign law to adjudicate a suit affecting
92	92	the parent-child relationship if the application of that law would
93	93	not guarantee the same fundamental rights guaranteed by the United
94	94	States Constitution.
95	95	Sec. 112.003. CHOICE OF LAW IN CONTRACT. A contract
96	96	provision requiring the application of foreign law to adjudicate a
97	97	suit affecting the parent-child relationship is void to the extent
98	98	that the application of foreign law would not guarantee the same
99	99	fundamental rights guaranteed by the United States Constitution.
100	100	Sec. 112.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW.
101	101	A tribunal of this state may not enforce or grant comity to a
102	102	finding, ruling, order, or judgment in a suit affecting the
103	103	parent-child relationship issued by an arbitrator or foreign
104	104	tribunal based on foreign law if the foreign law, as applied, would
105	105	not guarantee the same fundamental rights guaranteed by the United
106	106	States Constitution.
107	107	Sec. 112.005. CHOICE OF FORUM IN CONTRACT. Any contract
108	108	provision requiring that a foreign tribunal or arbitrator
109	109	adjudicate a suit affecting the parent-child relationship is void
110	110	if the foreign law that would be applied to the dispute by that
111	111	tribunal or arbitrator would, as applied, not guarantee the same
112	112	fundamental rights guaranteed by the United States Constitution.
113	113	Sec. 112.006. FORUM NON CONVENIENS. A tribunal of this
114	114	state that has jurisdiction to adjudicate a suit affecting the
115	115	parent-child relationship may not decline jurisdiction because a
116	116	foreign tribunal is a more convenient forum if the foreign tribunal
117	117	would apply foreign law that would not guarantee the same
118	118	fundamental rights guaranteed by the United States Constitution.
119	119	Sec. 112.007. APPLICATION OF CHAPTER. (a) This chapter
120	120	does not apply to:
121	121	(1) a corporation or other legal entity that contracts
122	122	to subject the entity to foreign law before a foreign tribunal or
123	123	arbitrator;
124	124	(2) any transaction that is primarily for business,
125	125	commercial, investment, agricultural, or similar purposes; or
126	126	(3) any transaction, issue, agreement, or provision of
127	127	an agreement governed by Chapter 271, Business & Commerce Code.
128	128	(b) This chapter is inapplicable to the extent a statute or
129	129	treaty of the United States requires the application of foreign law
130	130	or the enforcement of a judgment rendered by a foreign tribunal.
131	131	SECTION 3. Chapter 271, Business & Commerce Code, is
132	132	amended by adding Section 271.012 to read as follows:
133	133	Sec. 271.012. APPLICATION OF CERTAIN FAMILY LAW PROVISIONS.
134	134	Chapters 1A and 112, Family Code, do not apply to this chapter.
135	135	SECTION 4. Chapters 1A and 112, Family Code, as added by
136	136	this Act, apply to a suit for dissolution of a marriage or a suit
137	137	affecting the parent-child relationship pending in a trial court on
138	138	or filed on or after the effective date of this Act.
139	139	SECTION 5. This Act takes effect September 1, 2013.
140	140	* * * * *