Texas Senate Bill SB1090

Texas 2015 - 84th Regular

Caption

Relating to the application of foreign laws and foreign forum selection in a proceeding involving marriage, a suit for dissolution of a marriage, or a suit affecting the parent-child relationship in this state.

Impact

The effect of SB1090 on state laws is substantial as it reaffirms the state’s authority over domestic family law, theoretically shielding marriages and parent-child relationships from external influences that could arise from foreign legal systems. The legislation seeks to promote legal consistency within Texas, ensuring that all relevant rulings and contracts are anchored in Texas laws. While the bill primarily aims to fortify legal protections under Texas jurisdiction, it may also lead to complications for individuals and families with international ties who could find themselves restricted by local regulations that do not align with their contractual agreements formed in foreign jurisdictions.

Summary

SB1090 is a legislative proposal aimed at regulating the application of foreign laws and the selection of foreign forums in legal proceedings related to marriage and parent-child relationships within the state of Texas. The bill introduces amendments to the Family Code by adding new chapters that explicitly state that decisions made by courts or arbitrators cannot be based on foreign laws. Furthermore, any contract provision that designates a foreign law to govern disputes arising from marriage or parental relationships will be rendered void. This legislative action underscores an intention to maintain Texas law as the sole governing framework for these significant personal matters.

Contention

Notable points of contention surrounding SB1090 could arise from concerns regarding personal freedoms and the autonomy of individuals in contract negotiations. Critics may argue that the bill limits the rights of individuals to choose how their personal relationships are governed, especially in our increasingly global society where cross-border marriages and partnerships are common. Furthermore, opponents could frame the legislation as a move towards insular legal practices that disregard the complexities of modern family dynamics, especially for those with international connections. Discussions on the bill could reveal differing values regarding the balance of state sovereignty against personal liberties in legal agreements.