Texas 2017 - 85th Regular

Texas House Bill HB498 Compare Versions

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

Old	New	Differences
1	1	85R3424 KSD-F
2	2	By: Fallon H.B. No. 498
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 a proceeding involving marriage, a suit for
9	9	dissolution of a marriage, or a suit affecting the parent-child
10	10	relationship in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 1, Family Code, is amended by
13	13	adding Chapter 1A to read as follows:
14	14	CHAPTER 1A. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
15	15	FORUM
16	16	Sec. 1A.001. DEFINITIONS; PUBLIC POLICY. (a) In this
17	17	chapter:
18	18	(1) "Foreign court" means any court, tribunal,
19	19	administrative adjudicator, or arbitrator outside of the states and
20	20	territories of the United States.
21	21	(2) "Foreign judgment" means a judgment issued by a
22	22	foreign court.
23	23	(3) "Foreign law" means a law, rule, or legal code of a
24	24	jurisdiction outside of the states and territories of the United
25	25	States.
26	26	(b) For purposes of this chapter, the application of a law
27	27	is contrary to the public policy of this state if application of the
28	28	law would:
29	29	(1) violate a fundamental right guaranteed by the
30	30	United States Constitution;
31	31	(2) violate a fundamental right guaranteed by the
32	32	constitution of this state;
33	33	(3) violate good morals or natural justice; or
34	34	(4) be prejudicial to the general interests of the
35	35	citizens of this state.
36	36	Sec. 1A.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
37	37	FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
38	38	judgment involving the marriage relationship if the court finds
39	39	that the foreign court's application of foreign law to the dispute
40	40	was contrary to the public policy of this state.
41	41	Sec. 1A.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
42	42	ARBITRATION DECISIONS. A court of this state may not enforce an
43	43	arbitration decision involving the marriage relationship if the
44	44	court finds that the arbitrator's application of foreign law to the
45	45	dispute was contrary to the public policy of this state.
46	46	Sec. 1A.004. CONFLICTS OF LAW. A court of this state may
47	47	not apply foreign law to a dispute involving the marriage
48	48	relationship if the court finds that application of the foreign law
49	49	to the dispute would be contrary to the public policy of this state.
50	50	Sec. 1A.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
51	51	(a) A contract provision involving the marriage relationship
52	52	providing that a foreign law is to govern a dispute arising under
53	53	the contract is void to the extent that the application of the
54	54	foreign law to the dispute would be contrary to the public policy of
55	55	this state.
56	56	(b) A contract provision involving the marriage
57	57	relationship providing that the forum to resolve a dispute arising
58	58	under the contract is located outside the states and territories of
59	59	the United States is void if the foreign law that would be applied
60	60	to the dispute in that forum would, as applied, be contrary to the
61	61	public policy of this state.
62	62	Sec. 1A.006. FORUM NON CONVENIENS. A court of this state
63	63	that has jurisdiction to adjudicate a suit affecting the marriage
64	64	relationship may not decline jurisdiction because a foreign court
65	65	is a more convenient forum if the foreign court would apply foreign
66	66	law to the dispute that, as applied, would be contrary to the public
67	67	policy of this state.
68	68	Sec. 1A.007. APPLICATION OF CHAPTER. This chapter does not
69	69	apply to a corporation or other legal entity that contracts to
70	70	subject the entity to foreign law.
71	71	SECTION 2. Subtitle A, Title 5, Family Code, is amended by
72	72	adding Chapter 112 to read as follows:
73	73	CHAPTER 112. APPLICATION OF FOREIGN LAWS; SELECTION OF FOREIGN
74	74	FORUM
75	75	Sec. 112.001. DEFINITIONS; PUBLIC POLICY. (a) In this
76	76	chapter:
77	77	(1) "Foreign court" means any court, tribunal,
78	78	administrative adjudicator, or arbitrator outside of the states and
79	79	territories of the United States.
80	80	(2) "Foreign judgment" means a judgment issued by a
81	81	foreign court.
82	82	(3) "Foreign law" means a law, rule, or legal code of a
83	83	jurisdiction outside of the states and territories of the United
84	84	States.
85	85	(b) For purposes of this chapter, the application of a law
86	86	is contrary to the public policy of this state if application of the
87	87	law would:
88	88	(1) violate a fundamental right guaranteed by the
89	89	United States Constitution;
90	90	(2) violate a fundamental right guaranteed by the
91	91	constitution of this state;
92	92	(3) violate good morals or natural justice; or
93	93	(4) be prejudicial to the general interests of the
94	94	citizens of this state.
95	95	Sec. 112.002. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
96	96	FOREIGN JUDGMENTS. A court of this state may not enforce a foreign
97	97	judgment involving the parent-child relationship if the court finds
98	98	that the foreign court's application of foreign law to the dispute
99	99	was contrary to the public policy of this state.
100	100	Sec. 112.003. PROHIBITION AGAINST ENFORCEMENT OF CERTAIN
101	101	ARBITRATION DECISIONS. A court of this state may not enforce an
102	102	arbitration decision involving the parent-child relationship if
103	103	the court finds that the arbitrator's application of foreign law to
104	104	the dispute was contrary to the public policy of this state.
105	105	Sec. 112.004. CONFLICTS OF LAW. A court of this state may
106	106	not apply foreign law to a dispute involving the parent-child
107	107	relationship if the court finds that application of the foreign law
108	108	to the dispute would be contrary to the public policy of this state.
109	109	Sec. 112.005. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT.
110	110	(a) A contract provision involving the parent-child relationship
111	111	providing that a foreign law is to govern a dispute arising under
112	112	the contract is void to the extent that the application of the
113	113	foreign law to the dispute would be contrary to the public policy of
114	114	this state.
115	115	(b) A contract provision involving the parent-child
116	116	relationship providing that the forum to resolve a dispute arising
117	117	under the contract is located outside the states and territories of
118	118	the United States is void if the foreign law that would be applied
119	119	to the dispute in that forum would, as applied, be contrary to the
120	120	public policy of this state.
121	121	Sec. 112.006. FORUM NON CONVENIENS. A court of this state
122	122	that has jurisdiction to adjudicate a suit affecting the
123	123	parent-child relationship may not decline jurisdiction because a
124	124	foreign court is a more convenient forum if the foreign court would
125	125	apply foreign law to the dispute that, as applied, would be contrary
126	126	to the public policy of this state.
127	127	Sec. 112.007. APPLICATION OF CHAPTER. This chapter does
128	128	not apply to a corporation or other legal entity that contracts to
129	129	subject the entity to foreign law.
130	130	SECTION 3. Sections 1A.005 and 112.005, Family Code, as
131	131	added by this Act, apply only to a contract entered into on or after
132	132	the effective date of this Act. A contract entered into before the
133	133	effective date of this Act is governed by the law in effect
134	134	immediately before that date, and that law is continued in effect
135	135	for that purpose.
136	136	SECTION 4. This Act takes effect September 1, 2017.