Bill Text: TX HB3943 | 2015-2016 | 84th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3943 Detail]

Download: Texas-2015-HB3943-Introduced.html
  84R8623 KSD-D
 
  By: Rinaldi H.B. No. 3943
 
 
 
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.  DEFINITION. In this chapter, "foreign law"
  means a law, rule, or legal code of a jurisdiction outside of the
  states and territories of the United States.
         Sec. 1A.002.  DECISION BASED ON FOREIGN LAW. A ruling or
  decision of a court, arbitrator, or administrative adjudicator
  under this title may not be based on a foreign law.
         Sec. 1A.003.  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.
         (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.
         Sec. 1A.004. APPLICATION OF CHAPTER. This chapter does not
  apply to a corporation or other legal entity that contracts to
  subject the entity to foreign law in a jurisdiction other than this
  state or the United States.
         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.  DEFINITION. In this chapter, "foreign law"
  means a law, rule, or legal code of a jurisdiction outside of the
  states and territories of the United States.
         Sec. 112.002.  DECISION BASED ON FOREIGN LAW. A ruling or
  decision of a court, arbitrator, or administrative adjudicator in a
  suit affecting the parent-child relationship may not be based on a
  foreign law.
         Sec. 112.003.  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.
         (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.
         Sec. 112.004.  APPLICATION OF CHAPTER. This chapter does
  not apply to a corporation or other legal entity that contracts to
  subject the entity to foreign law in a jurisdiction other than this
  state or the United States.
         SECTION 3.  (a) Chapters 1A and 112, Family Code, as added
  by this Act, apply only to a ruling or decision that becomes final
  on or after the effective date of this Act. A ruling or decision
  that becomes final before the effective date of this Act and any
  appeal of that ruling or decision are governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  Chapters 1A and 112, 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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