Texas 2017 - 85th Regular

Texas House Bill HB45 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Flynn, et al. (Senate Sponsor - Huffman) H.B. No. 45
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 12, 2017, read first time and referred to Committee on State
4		-	Affairs; May 18, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 2; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 45
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to requiring the Texas Supreme Court to adopt rules and
12	6		provide judicial instruction regarding the application of foreign
13	7		laws in certain family law cases.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. The legislature finds that:
16	10		(1) litigants in actions under the Family Code
17	11		involving a marriage relationship or a parent-child relationship
18	12		are protected against violations of constitutional rights and
19	13		public policy in the application of foreign law and the recognition
20	14		and enforcement of foreign judgments and arbitration awards by
21	15		courts of this state by a well-established body of law, described by
22	16		Tex. Att'y Gen. Op. No. KP-0094 (2016), which includes protections
23	17		provided under:
24	18		(A) the United States Constitution and the Texas
25	19		Constitution;
26	20		(B) federal law, treaties, and conventions to
27	21		which the United States is a signatory;
28	22		(C) federal and state judicial precedent; and
29	23		(D) the Family Code and other laws of this state;
30	24		(2) the legislature has enacted statutes, including
31	25		the Uniform Child Custody Jurisdiction and Enforcement Act
32	26		(UCCJEA), that address comity regarding foreign judgments and
33	27		arbitration awards;
34	28		(3) as recognized by courts and commentators, the
35	29		UCCJEA does not define the aspects of a foreign law that violate
36	30		fundamental principles of human rights or certain terminology used
37	31		by that Act;
38	32		(4) the Family Code allows parties to a suit involving
39	33		the marriage relationship or affecting the parent-child
40	34		relationship to engage in arbitration and authorizes the court to
41	35		render an order reflecting the arbitrator's award;
42	36		(5) the Family Code should not be applied to enforce a
43	37		judgment or arbitrator's award affecting a marriage relationship or
44	38		a parent-child relationship based on foreign law if the foreign law
45	39		applied to render the judgment or award does not:
46	40		(A) grant constitutional rights guaranteed by
47	41		the United States Constitution and the Texas Constitution;
48	42		(B) consider the best interest of the child;
49	43		(C) consider whether domestic violence or child
50	44		abuse has occurred and is likely to continue in the future; or
51	45		(D) consider whether the foreign judgment or
52	46		arbitrator's award affecting the parent-child relationship may
53	47		place the child in substantial risk of harm; and
54	48		(6) the rules of procedure and evidence adopted by the
55	49		Texas Supreme Court and judicial education required by the Texas
56	50		Supreme Court can ensure the full implementation and uniform
57	51		application by the courts of this state of the well-established
58	52		body of law described by Subdivision (1) of this section in order to
59	53		protect litigants in actions under the Family Code involving a
60	54		marriage relationship or a parent-child relationship against
61	55		violations of constitutional rights and public policy.
62	56		SECTION 2. Subchapter A, Chapter 22, Government Code, is
63	57		amended by adding Sections 22.0041 and 22.022 to read as follows:
64	58		Sec. 22.0041. RULES REGARDING FOREIGN LAW AND FOREIGN
65	59		JUDGMENTS IN CERTAIN FAMILY LAW ACTIONS. (a) In this section:
66	60		(1) "Comity" means the recognition by a court of one
67	61		jurisdiction of the laws and judicial decisions of a court of
68	62		another jurisdiction.
69	63		(2) "Foreign judgment" means a judgment of a court,
70	64		tribunal, or administrative adjudicator of a jurisdiction outside
71	65		of the states and territories of the United States.
72	66		(3) "Foreign law" means a law, rule, or code of a
73	67		jurisdiction outside of the states and territories of the United
74	68		States.
75	69		(b) The supreme court shall adopt rules of evidence and
76	70		procedure to implement the limitations on the granting of comity to
77	71		a foreign judgment or an arbitration award involving a marriage
78	72		relationship or a parent-child relationship under the Family Code
79	73		to protect against violations of constitutional rights and public
80	74		policy.
81	75		(c) The rules adopted under Subsection (b) must:
82	76		(1) require that any party who intends to seek
83	77		enforcement of a judgment or an arbitration award based on foreign
84	78		law that involves a marriage relationship or a parent-child
85	79		relationship shall provide timely notice to the court and to each
86	80		other party, including by providing information required by Rule
87	81		203, Texas Rules of Evidence, and by describing the court's
88	82		authority to enforce or decide to enforce the judgment or award;
89	83		(2) require that any party who intends to oppose the
90	84		enforcement of a judgment or an arbitration award based on foreign
91	85		law that involves a marriage relationship or a parent-child
92	86		relationship shall provide timely notice to the court and to each
93	87		other party and include with the notice an explanation of the
94	88		party's basis for opposition, including by stating whether the
95	89		party asserts that the judgment or award violates constitutional
96	90		rights or public policy;
97	91		(3) require a hearing on the record, after notice to
98	92		the parties, to determine whether the proposed enforcement of a
99	93		judgment or an arbitration award based on foreign law that involves
100	94		a marriage relationship or a parent-child relationship violates
101	95		constitutional rights or public policy;
102	96		(4) to facilitate appellate review, require that a
103	97		court state its findings of fact and conclusions of law in a written
104	98		order determining whether to enforce a foreign judgment or an
105	99		arbitration award based on foreign law that involves a marriage
106	100		relationship or a parent-child relationship;
107	101		(5) require that a court's determination under
108	102		Subdivision (3) or (4) be made promptly so that the action may
109	103		proceed expeditiously; and
110	104		(6) provide that a court may issue any orders the court
111	105		considers necessary to preserve principles of comity or the freedom
112	106		to contract for arbitration while protecting against violations of
113	107		constitutional rights and public policy in the application of
114	108		foreign law and the recognition and enforcement of foreign
115	109		judgments and arbitration awards.
116	110		(d) In addition to the rules required under Subsection (b),
117	111		the supreme court shall adopt any other rules the supreme court
118	112		considers necessary or advisable to accomplish the purposes of this
119	113		section.
120	114		(e) A rule adopted under this section does not apply to an
121	115		action brought under the International Child Abduction Remedies Act
122	116		(22 U.S.C. Section 9001 et seq.).
123	117		(f) In the event of a conflict between a rule adopted under
124	118		this section and a federal or state law, the federal or state law
125	119		prevails.
126	120		Sec. 22.022. JUDICIAL INSTRUCTION RELATED TO FOREIGN LAW
127	121		AND FOREIGN JUDGMENTS. (a) The supreme court shall provide for a
128	122		course of instruction that relates to issues regarding foreign law,
129	123		foreign judgments, and arbitration awards in relation to foreign
130	124		law that arise in actions under the Family Code involving the
131	125		marriage relationship and the parent-child relationship for judges
132	126		involved in those actions.
133	127		(b) The course of instruction must include information
134	128		about:
135	129		(1) the limits on comity and the freedom to contract
136	130		for arbitration that protect against violations of constitutional
137	131		rights and public policy in the application of foreign law and the
138	132		recognition and enforcement of foreign judgments and arbitration
139	133		awards in actions brought under the Family Code; and
140	134		(2) the rules of evidence and procedure adopted under
141	135		Section 22.0041.
142	136		(c) The supreme court shall adopt rules necessary to
143	137		accomplish the purposes of this section.
144	138		SECTION 3. The Texas Supreme Court shall adopt rules as
145	139		required by this Act as soon as practicable following the effective
146	140		date of this Act, but not later than January 1, 2018.
147	141		SECTION 4. This Act takes effect September 1, 2017.
148		-	* * * * *
	142	+	______________________________ ______________________________
	143	+	President of the Senate Speaker of the House
	144	+	I certify that H.B. No. 45 was passed by the House on May 6,
	145	+	2017, by the following vote: Yeas 135, Nays 8, 2 present, not
	146	+	voting.
	147	+	______________________________
	148	+	Chief Clerk of the House
	149	+	I certify that H.B. No. 45 was passed by the Senate on May 22,
	150	+	2017, by the following vote: Yeas 26, Nays 5.
	151	+	______________________________
	152	+	Secretary of the Senate
	153	+	APPROVED: _____________________
	154	+	Date
	155	+	_____________________
	156	+	Governor