Texas 2015 - 84th Regular

Texas House Bill HB899 Compare Versions

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

Old	New	Differences
1	1	84R1332 KSD-F
2	2	By: Fallon H.B. No. 899
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 certain family law proceedings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 1, Family Code, is amended by
11	11	adding Chapter 1A to read as follows:
12	12	CHAPTER 1A. APPLICATION OF FOREIGN LAW
13	13	Sec. 1A.001. DEFINITIONS. In this chapter:
14	14	(1) "Arbitrator" means an arbitrator or arbitration
15	15	panel.
16	16	(2) "Foreign law" means a substantive or procedural
17	17	law, rule, or legal code of a jurisdiction outside of the states and
18	18	territories of the United States. The term does not include a law
19	19	of a Native American tribe of a state or territory of the United
20	20	States.
21	21	(3) "Foreign tribunal" means any tribunal outside the
22	22	states and territories of the United States. The term does not
23	23	include a tribunal of a Native American tribe of a state or
24	24	territory of the United States.
25	25	(4) "Tribunal" means any court or administrative
26	26	adjudicator.
27	27	Sec. 1A.002. DECISION BASED ON FOREIGN LAW. A tribunal of
28	28	this state may not apply foreign law to adjudicate a suit for
29	29	dissolution of a marriage if the application of that law would not
30	30	guarantee the same fundamental rights guaranteed by the United
31	31	States Constitution.
32	32	Sec. 1A.003. CHOICE OF LAW IN CONTRACT. A contract
33	33	provision requiring the application of foreign law to adjudicate a
34	34	suit for dissolution of a marriage is void to the extent that the
35	35	application of foreign law would not guarantee the same fundamental
36	36	rights guaranteed by the United States Constitution.
37	37	Sec. 1A.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW.
38	38	A tribunal of this state may not enforce or grant comity to a
39	39	finding, ruling, order, or judgment in a suit for dissolution of a
40	40	marriage issued by an arbitrator or foreign tribunal based on
41	41	foreign law if the foreign law, as applied, would not guarantee the
42	42	same fundamental rights guaranteed by the United States
43	43	Constitution.
44	44	Sec. 1A.005. CHOICE OF FORUM IN CONTRACT. Any contract
45	45	provision requiring that a foreign tribunal or arbitrator
46	46	adjudicate a suit for dissolution of a marriage is void if the
47	47	foreign law that would be applied to the dispute by that tribunal or
48	48	arbitrator would, as applied, not guarantee the same fundamental
49	49	rights guaranteed by the United States Constitution.
50	50	Sec. 1A.006. FORUM NON CONVENIENS. A tribunal of this state
51	51	that has jurisdiction to adjudicate a suit for dissolution of a
52	52	marriage may not decline jurisdiction because a foreign tribunal is
53	53	a more convenient forum if the foreign tribunal would apply foreign
54	54	law that would not guarantee the same fundamental rights guaranteed
55	55	by the United States Constitution.
56	56	Sec. 1A.007. APPLICATION OF CHAPTER. (a) This chapter does
57	57	not apply to:
58	58	(1) a corporation or other legal entity that contracts
59	59	to subject the entity to foreign law before a foreign tribunal or
60	60	arbitrator;
61	61	(2) any transaction that is primarily for business,
62	62	commercial, investment, agricultural, or similar purposes; or
63	63	(3) any transaction, issue, agreement, or provision of
64	64	an agreement governed by Chapter 271, Business & Commerce Code.
65	65	(b) This chapter is inapplicable to the extent a statute or
66	66	treaty of the United States requires the application of foreign law
67	67	or the enforcement of a judgment rendered by a foreign tribunal.
68	68	SECTION 2. Subtitle A, Title 5, Family Code, is amended by
69	69	adding Chapter 112 to read as follows:
70	70	CHAPTER 112. APPLICATION OF FOREIGN LAW
71	71	Sec. 112.001. DEFINITIONS. In this chapter:
72	72	(1) "Arbitrator" means an arbitrator or arbitration
73	73	panel.
74	74	(2) "Foreign law" means a law, rule, or legal code of a
75	75	jurisdiction outside of the states and territories of the United
76	76	States. The term does not include a law of a Native American tribe
77	77	of a state or territory of the United States.
78	78	(3) "Foreign tribunal" means any tribunal outside the
79	79	states and territories of the United States. The term does not
80	80	include a tribunal of a Native American tribe of a state or
81	81	territory of the United States.
82	82	(4) "Tribunal" means any court or administrative
83	83	adjudicator.
84	84	Sec. 112.002. DECISION BASED ON FOREIGN LAW. A tribunal of
85	85	this state may not apply foreign law to adjudicate a suit affecting
86	86	the parent-child relationship if the application of that law would
87	87	not guarantee the same fundamental rights guaranteed by the United
88	88	States Constitution.
89	89	Sec. 112.003. CHOICE OF LAW IN CONTRACT. A contract
90	90	provision requiring the application of foreign law to adjudicate a
91	91	suit affecting the parent-child relationship is void to the extent
92	92	that the application of foreign law would not guarantee the same
93	93	fundamental rights guaranteed by the United States Constitution.
94	94	Sec. 112.004. ENFORCEMENT OF JUDGMENT BASED ON FOREIGN LAW.
95	95	A tribunal of this state may not enforce or grant comity to a
96	96	finding, ruling, order, or judgment in a suit affecting the
97	97	parent-child relationship issued by an arbitrator or foreign
98	98	tribunal based on foreign law if the foreign law, as applied, would
99	99	not guarantee the same fundamental rights guaranteed by the United
100	100	States Constitution.
101	101	Sec. 112.005. CHOICE OF FORUM IN CONTRACT. Any contract
102	102	provision requiring that a foreign tribunal or arbitrator
103	103	adjudicate a suit affecting the parent-child relationship is void
104	104	if the foreign law that would be applied to the dispute by that
105	105	tribunal or arbitrator would, as applied, not guarantee the same
106	106	fundamental rights guaranteed by the United States Constitution.
107	107	Sec. 112.006. FORUM NON CONVENIENS. A tribunal of this
108	108	state that has jurisdiction to adjudicate a suit affecting the
109	109	parent-child relationship may not decline jurisdiction because a
110	110	foreign tribunal is a more convenient forum if the foreign tribunal
111	111	would apply foreign law that would not guarantee the same
112	112	fundamental rights guaranteed by the United States Constitution.
113	113	Sec. 112.007. APPLICATION OF CHAPTER. (a) This chapter
114	114	does not apply to:
115	115	(1) a corporation or other legal entity that contracts
116	116	to subject the entity to foreign law before a foreign tribunal or
117	117	arbitrator;
118	118	(2) any transaction that is primarily for business,
119	119	commercial, investment, agricultural, or similar purposes; or
120	120	(3) any transaction, issue, agreement, or provision of
121	121	an agreement governed by Chapter 271, Business & Commerce Code.
122	122	(b) This chapter is inapplicable to the extent a statute or
123	123	treaty of the United States requires the application of foreign law
124	124	or the enforcement of a judgment rendered by a foreign tribunal.
125	125	SECTION 3. Chapter 271, Business & Commerce Code, is
126	126	amended by adding Section 271.012 to read as follows:
127	127	Sec. 271.012. APPLICATION OF CERTAIN FAMILY LAW PROVISIONS.
128	128	Chapters 1A and 112, Family Code, do not apply to this chapter.
129	129	SECTION 4. Chapters 1A and 112, Family Code, as added by
130	130	this Act, apply to a suit for dissolution of a marriage or a suit
131	131	affecting the parent-child relationship pending in a trial court on
132	132	or filed on or after the effective date of this Act.
133	133	SECTION 5. This Act takes effect September 1, 2015.