By: Campbell, et al. S.B. No. 531
(In the Senate - Filed February 10, 2015; February 18, 2015,
read first time and referred to Committee on State Affairs;
May 18, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 2; May 18, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 531 By: Creighton
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 1, Family Code, is amended by
adding Chapter 1A to read as follows:
CHAPTER 1A. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
FORUM
Sec. 1A.001. DEFINITIONS; PUBLIC POLICY. (a) In this
chapter:
(1) "Foreign court" means any court, tribunal,
administrative adjudicator, or arbitrator outside of the states and
territories of the United States.
(2) "Foreign judgment" means a judgment issued by a
foreign court.
(3) "Foreign law" means a law, rule, or legal code of a
jurisdiction outside of the states and territories of the United
States.
(b) For purposes of this chapter, the application of a law
is contrary to the public policy of this state if application of the
law would:
(1) violate a fundamental right guaranteed by the
United States Constitution;
(2) violate a fundamental right guaranteed by the
constitution of this state;
(3) violate good morals or natural justice; or
(4) be prejudicial to the general interests of the
citizens of this state.
Sec. 1A.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
judgment involving the marriage relationship if the court finds
that the foreign court's application of foreign law to the dispute
was contrary to the public policy of this state.
Sec. 1A.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
ARBITRATION DECISIONS. A court of this state may not enforce an
arbitration decision involving the marriage relationship if the
court finds that the arbitrator's application of foreign law to the
dispute was contrary to the public policy of this state.
Sec. 1A.004. CONFLICTS OF LAW. A court of this state may
not apply foreign law to a dispute involving the marriage
relationship if the court finds that application of the foreign law
to the dispute would be contrary to the public policy of this state.
Sec. 1A.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
(a) A contract provision involving the marriage relationship
providing that a foreign law is to govern a dispute arising under
the contract is void to the extent that the application of the
foreign law to the dispute would be contrary to the public policy of
this state.
(b) A contract provision involving the marriage
relationship providing that the forum to resolve a dispute arising
under the contract is located outside the states and territories of
the United States is void if the foreign law that would be applied
to the dispute in that forum would, as applied, be contrary to the
public policy of this state.
Sec. 1A.006. FORUM NON CONVENIENS. A court of this state
that has jurisdiction to adjudicate a suit affecting the marriage
relationship may not decline jurisdiction because a foreign court
is a more convenient forum if the foreign court would apply foreign
law to the dispute that, as applied, would be contrary to the public
policy of this state.
Sec. 1A.007. APPLICATION OF CHAPTER. This chapter does not
apply to a corporation or other legal entity that contracts to
subject the entity to foreign law.
SECTION 2. Subtitle A, Title 5, Family Code, is amended by
adding Chapter 112 to read as follows:
CHAPTER 112. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
FORUM
Sec. 112.001. DEFINITIONS; PUBLIC POLICY. (a) In this
chapter:
(1) "Foreign court" means any court, tribunal,
administrative adjudicator, or arbitrator outside of the states and
territories of the United States.
(2) "Foreign judgment" means a judgment issued by a
foreign court.
(3) "Foreign law" means a law, rule, or legal code of a
jurisdiction outside of the states and territories of the United
States.
(b) For purposes of this chapter, the application of a law
is contrary to the public policy of this state if application of the
law would:
(1) violate a fundamental right guaranteed by the
United States Constitution;
(2) violate a fundamental right guaranteed by the
constitution of this state;
(3) violate good morals or natural justice; or
(4) be prejudicial to the general interests of the
citizens of this state.
Sec. 112.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
judgment involving the parent-child relationship if the court finds
that the foreign court's application of foreign law to the dispute
was contrary to the public policy of this state.
Sec. 112.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
ARBITRATION DECISIONS. A court of this state may not enforce an
arbitration decision involving the parent-child relationship if
the court finds that the arbitrator's application of foreign law to
the dispute was contrary to the public policy of this state.
Sec. 112.004. CONFLICTS OF LAW. A court of this state may
not apply foreign law to a dispute involving the parent-child
relationship if the court finds that application of the foreign law
to the dispute would be contrary to the public policy of this state.
Sec. 112.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
(a) A contract provision involving the parent-child relationship
providing that a foreign law is to govern a dispute arising under
the contract is void to the extent that the application of the
foreign law to the dispute would be contrary to the public policy of
this state.
(b) A contract provision involving the parent-child
relationship providing that the forum to resolve a dispute arising
under the contract is located outside the states and territories of
the United States is void if the foreign law that would be applied
to the dispute in that forum would, as applied, be contrary to the
public policy of this state.
Sec. 112.006. FORUM NON CONVENIENS. A court of this state
that has jurisdiction to adjudicate a suit affecting the
parent-child relationship may not decline jurisdiction because a
foreign court is a more convenient forum if the foreign court would
apply foreign law to the dispute that, as applied, would be contrary
to the public policy of this state.
Sec. 112.007. APPLICATION OF CHAPTER. This chapter does
not apply to a corporation or other legal entity that contracts to
subject the entity to foreign law.
SECTION 3. Sections 1A.005 and 112.005, Family Code, as
added by this Act, apply only to a contract entered into on or after
the effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect
immediately before that date, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2015.
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