Texas 2015 - 84th Regular

Texas House Bill HB562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R17595 KSD-F
2	2	By: Leach, White of Tyler, Bohac, Murr, H.B. No. 562
3	3	Laubenberg, et al.
4	4	Substitute the following for H.B. No. 562:
5	5	By: Sheets C.S.H.B. No. 562
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the application of foreign laws and foreign forum
11	11	selection in a proceeding involving marriage, a suit for
12	12	dissolution of a marriage, or a suit affecting the parent-child
13	13	relationship in this state.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle A, Title 1, Family Code, is amended by
16	16	adding Chapter 1A to read as follows:
17	17	CHAPTER 1A. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
18	18	FORUM
19	19	Sec. 1A.001. DEFINITIONS; PUBLIC POLICY. (a) In this
20	20	chapter:
21	21	(1) "Foreign court" means any court, tribunal,
22	22	administrative adjudicator, or arbitrator outside of the states and
23	23	territories of the United States.
24	24	(2) "Foreign judgment" means a judgment issued by a
25	25	foreign court.
26	26	(3) "Foreign law" means a law, rule, or legal code of a
27	27	jurisdiction outside of the states and territories of the United
28	28	States.
29	29	(b) For purposes of this chapter, the application of a law
30	30	is contrary to the public policy of this state if application of the
31	31	law would:
32	32	(1) violate a fundamental right guaranteed by the
33	33	United States Constitution;
34	34	(2) violate a fundamental right guaranteed by the
35	35	constitution of this state;
36	36	(3) violate good morals or natural justice; or
37	37	(4) be prejudicial to the general interests of the
38	38	citizens of this state.
39	39	Sec. 1A.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
40	40	FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
41	41	judgment involving the marriage relationship if the court finds
42	42	that the foreign court's application of foreign law to the dispute
43	43	was contrary to the public policy of this state.
44	44	Sec. 1A.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
45	45	ARBITRATION DECISIONS. A court of this state may not enforce an
46	46	arbitration decision involving the marriage relationship if the
47	47	court finds that the arbitrator's application of foreign law to the
48	48	dispute was contrary to the public policy of this state.
49	49	Sec. 1A.004. CONFLICTS OF LAW. A court of this state may
50	50	not apply foreign law to a dispute involving the marriage
51	51	relationship if the court finds that application of the foreign law
52	52	to the dispute would be contrary to the public policy of this state.
53	53	Sec. 1A.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
54	54	(a) A contract provision involving the marriage relationship
55	55	providing that a foreign law is to govern a dispute arising under
56	56	the contract is void to the extent that the application of the
57	57	foreign law to the dispute would be contrary to the public policy of
58	58	this state.
59	59	(b) A contract provision involving the marriage
60	60	relationship providing that the forum to resolve a dispute arising
61	61	under the contract is located outside the states and territories of
62	62	the United States is void if the foreign law that would be applied
63	63	to the dispute in that forum would, as applied, be contrary to the
64	64	public policy of this state.
65	65	Sec. 1A.006. FORUM NON CONVENIENS. A court of this state
66	66	that has jurisdiction to adjudicate a suit affecting the marriage
67	67	relationship may not decline jurisdiction because a foreign court
68	68	is a more convenient forum if the foreign court would apply foreign
69	69	law to the dispute that, as applied, would be contrary to the public
70	70	policy of this state.
71	71	Sec. 1A.007. APPLICATION OF CHAPTER. This chapter does not
72	72	apply to a corporation or other legal entity that contracts to
73	73	subject the entity to foreign law.
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 LAWS; SELECTION OF FOREIGN
77	77	FORUM
78	78	Sec. 112.001. DEFINITIONS; PUBLIC POLICY. (a) In this
79	79	chapter:
80	80	(1) "Foreign court" means any court, tribunal,
81	81	administrative adjudicator, or arbitrator outside of the states and
82	82	territories of the United States.
83	83	(2) "Foreign judgment" means a judgment issued by a
84	84	foreign court.
85	85	(3) "Foreign law" means a law, rule, or legal code of a
86	86	jurisdiction outside of the states and territories of the United
87	87	States.
88	88	(b) For purposes of this chapter, the application of a law
89	89	is contrary to the public policy of this state if application of the
90	90	law would:
91	91	(1) violate a fundamental right guaranteed by the
92	92	United States Constitution;
93	93	(2) violate a fundamental right guaranteed by the
94	94	constitution of this state;
95	95	(3) violate good morals or natural justice; or
96	96	(4) be prejudicial to the general interests of the
97	97	citizens of this state.
98	98	Sec. 112.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
99	99	FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
100	100	judgment involving the parent-child relationship if the court finds
101	101	that the foreign court's application of foreign law to the dispute
102	102	was contrary to the public policy of this state.
103	103	Sec. 112.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
104	104	ARBITRATION DECISIONS. A court of this state may not enforce an
105	105	arbitration decision involving the parent-child relationship if
106	106	the court finds that the arbitrator's application of foreign law to
107	107	the dispute was contrary to the public policy of this state.
108	108	Sec. 112.004. CONFLICTS OF LAW. A court of this state may
109	109	not apply foreign law to a dispute involving the parent-child
110	110	relationship if the court finds that application of the foreign law
111	111	to the dispute would be contrary to the public policy of this state.
112	112	Sec. 112.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
113	113	(a) A contract provision involving the parent-child relationship
114	114	providing that a foreign law is to govern a dispute arising under
115	115	the contract is void to the extent that the application of the
116	116	foreign law to the dispute would be contrary to the public policy of
117	117	this state.
118	118	(b) A contract provision involving the parent-child
119	119	relationship providing that the forum to resolve a dispute arising
120	120	under the contract is located outside the states and territories of
121	121	the United States is void if the foreign law that would be applied
122	122	to the dispute in that forum would, as applied, be contrary to the
123	123	public policy of this state.
124	124	Sec. 112.006. FORUM NON CONVENIENS. A court of this state
125	125	that has jurisdiction to adjudicate a suit affecting the
126	126	parent-child relationship may not decline jurisdiction because a
127	127	foreign court is a more convenient forum if the foreign court would
128	128	apply foreign law to the dispute that, as applied, would be contrary
129	129	to the public policy of this state.
130	130	Sec. 112.007. APPLICATION OF CHAPTER. This chapter does
131	131	not apply to a corporation or other legal entity that contracts to
132	132	subject the entity to foreign law.
133	133	SECTION 3. Sections 1A.005 and 112.005, Family Code, as
134	134	added by this Act, apply only to a contract entered into on or after
135	135	the effective date of this Act. A contract entered into before the
136	136	effective date of this Act is governed by the law in effect
137	137	immediately before that date, and that law is continued in effect
138	138	for that purpose.
139	139	SECTION 4. This Act takes effect September 1, 2015.