Texas House Bill HB899

Texas 2015 - 84th Regular

Caption

Relating to the application of foreign laws and foreign forum selection in certain family law proceedings.

Impact

By implementing these regulations, HB 899 is expected to impact the legal landscape significantly. Courts and arbitrators in Texas would no longer be able to enforce foreign judgments or apply foreign laws that might jeopardize constitutional rights. This change aims to protect the rights of Texas residents in family law proceedings, ensuring that their cases are adjudicated with due regard for the rights granted under U.S. law. This measure could potentially influence how Texas handles international divorce and custody cases.

Summary

House Bill 899 aims to address the application of foreign laws and forum selection in family law cases in Texas. Specifically, the bill prohibits Texas tribunals from applying foreign law to marriage dissolution and parent-child relationship cases if that law does not guarantee the same fundamental rights as those ensured by the United States Constitution. The bill introduces definitions related to foreign law, foreign tribunals, and arbitration, thereby establishing a clear framework for their application in family law matters.

Contention

Notable points of contention surrounding HB 899 include concerns regarding its implications for international marriages and the rights of spouses from countries with vastly different legal frameworks. Critics of the bill may argue that it could impede individuals' rights to choose how to resolve their disputes or seek justice in their native legal systems. Furthermore, some advocates express concern that the bill may not account for cultural considerations that might affect family law cases involving foreign nationals or residents.