Texas 2015 - 84th Regular

Texas House Bill HB3943 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8623 KSD-D
2	2	By: Rinaldi H.B. No. 3943
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application of foreign laws and foreign forum
8	8	selection in a proceeding involving marriage, a suit for
9	9	dissolution of a marriage, or a suit affecting the parent-child
10	10	relationship in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 1, Family Code, is amended by
13	13	adding Chapter 1A to read as follows:
14	14	CHAPTER 1A. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
15	15	FORUM
16	16	Sec. 1A.001. DEFINITION. In this chapter, "foreign law"
17	17	means a law, rule, or legal code of a jurisdiction outside of the
18	18	states and territories of the United States.
19	19	Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A ruling or
20	20	decision of a court, arbitrator, or administrative adjudicator
21	21	under this title may not be based on a foreign law.
22	22	Sec. 1A.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
23	23	(a) A contract provision involving the marriage relationship
24	24	providing that a foreign law is to govern a dispute arising under
25	25	the contract is void.
26	26	(b) A contract provision involving the marriage
27	27	relationship providing that the forum to resolve a dispute arising
28	28	under the contract is located outside the states and territories of
29	29	the United States is void.
30	30	Sec. 1A.004. APPLICATION OF CHAPTER. This chapter does not
31	31	apply to a corporation or other legal entity that contracts to
32	32	subject the entity to foreign law in a jurisdiction other than this
33	33	state or the United States.
34	34	SECTION 2. Subtitle A, Title 5, Family Code, is amended by
35	35	adding Chapter 112 to read as follows:
36	36	CHAPTER 112. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
37	37	FORUM
38	38	Sec. 112.001. DEFINITION. In this chapter, "foreign law"
39	39	means a law, rule, or legal code of a jurisdiction outside of the
40	40	states and territories of the United States.
41	41	Sec. 112.002. DECISION BASED ON FOREIGN LAW. A ruling or
42	42	decision of a court, arbitrator, or administrative adjudicator in a
43	43	suit affecting the parent-child relationship may not be based on a
44	44	foreign law.
45	45	Sec. 112.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
46	46	(a) A contract provision involving the parent-child relationship
47	47	providing that a foreign law is to govern a dispute arising under
48	48	the contract is void.
49	49	(b) A contract provision involving the parent-child
50	50	relationship providing that the forum to resolve a dispute arising
51	51	under the contract is located outside the states and territories of
52	52	the United States is void.
53	53	Sec. 112.004. APPLICATION OF CHAPTER. This chapter does
54	54	not apply to a corporation or other legal entity that contracts to
55	55	subject the entity to foreign law in a jurisdiction other than this
56	56	state or the United States.
57	57	SECTION 3. (a) Chapters 1A and 112, Family Code, as added
58	58	by this Act, apply only to a ruling or decision that becomes final
59	59	on or after the effective date of this Act. A ruling or decision
60	60	that becomes final before the effective date of this Act and any
61	61	appeal of that ruling or decision are governed by the law in effect
62	62	immediately before the effective date of this Act, and that law is
63	63	continued in effect for that purpose.
64	64	(b) Chapters 1A and 112, Family Code, as added by this Act,
65	65	apply only to a contract entered into on or after the effective date
66	66	of this Act. A contract entered into before the effective date of
67	67	this Act is governed by the law in effect immediately before that
68	68	date, and that law is continued in effect for that purpose.
69	69	SECTION 4. This Act takes effect September 1, 2015.