Texas House Bill HB828

Texas 2015 - 84th Regular

Caption

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.

Impact

One of the key provisions in HB828 is its stipulation that no court, arbitrator, or administrative adjudicator can rely on foreign or international law when making a ruling. This prohibition extends to past decisions made based on such laws, thus aiming to eliminate what proponents might see as potential conflicts with Texas law. By prioritizing state law, this bill aims to ensure that legal interpretations within Texas remain consistent with local values and constitutionality, particularly in sensitive areas that might involve religious interpretation.

Summary

House Bill 828 addresses the application of foreign and international laws within the state of Texas, emphasizing that Texas courts should not base their decisions on such laws. The bill creates a new chapter in the Civil Practice and Remedies Code that defines foreign or international law as any legal principle that does not originate from the U.S. legal traditions. This legislation seeks to reinforce the importance of both state and federal laws in the decision-making processes of courts, as well as the Constitution of the United States and the state’s constitution.

Contention

Notably, this bill addresses concerns around the relationship between secular state governance and religious doctrines, stipulating that courts must refrain from interpreting religious matters, in line with the church autonomy doctrine derived from the First Amendment. This aspect of the bill has raised discussions about its implications for cases involving domestic law, adoptions, and contracts that might involve foreign entities. Critics may argue that this bill could limit judicial discretion and the state's ability to engage with international legal frameworks in an increasingly interconnected world.