Bill Text: TX HB1240 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the application of foreign and international laws and doctrines in this state and requiring a court of this state to uphold and apply certain laws, including the doctrine requiring courts to refrain from involvement in religious doctrinal interpretation or application.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-10 - Committee report sent to Calendars [HB1240 Detail]
Download: Texas-2011-HB1240-Comm_Sub.html
| 82R24655 CAE-F | |||
| By: Zedler, Flynn | H.B. No. 1240 | ||
| Substitute the following for H.B. No. 1240: | |||
| By: Darby | C.S.H.B. No. 1240 | ||
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| relating to the application of foreign and international laws and | ||
| doctrines in this state and requiring a court of this state to | ||
| uphold and apply certain laws, including the doctrine requiring | ||
| courts to refrain from involvement in religious doctrinal | ||
| interpretation or application. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 6, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 148 to read as follows: | ||
| CHAPTER 148. APPLICATION OF FOREIGN AND INTERNATIONAL LAWS AND | ||
| DOCTRINES; APPLICATION OF STATE AND FEDERAL LAW | ||
| Sec. 148.001. DEFINITION. In this chapter, "foreign or | ||
| international law or doctrine" means a law, rule, legal code, or | ||
| principle of a jurisdiction outside the legal traditions of the | ||
| states and territories of the United States, including | ||
| international laws, that do not have a binding effect on this state | ||
| or the United States. | ||
| Sec. 148.002. DECISION BASED ON FOREIGN OR INTERNATIONAL | ||
| LAW OR DOCTRINE; APPLICATION OF STATE AND FEDERAL LAW. (a) A | ||
| court, arbitrator, or administrative adjudicator may not base a | ||
| ruling or decision on: | ||
| (1) a foreign or international law or doctrine; or | ||
| (2) a prior ruling or decision that was based on a | ||
| foreign or international law or doctrine. | ||
| (b) Subsection (a) does not prohibit a court, arbitrator, or | ||
| administrative adjudicator from recognizing a document that: | ||
| (1) was issued or certified by a governmental entity | ||
| within the territorial jurisdiction of the United States; or | ||
| (2) was issued or certified by a foreign court or | ||
| governmental entity for the purpose of: | ||
| (A) determining a person's identification; | ||
| (B) enforcing a business contract or arrangement | ||
| that lists this state as a venue for disposition; or | ||
| (C) providing expository evidence for the | ||
| purpose of recognizing the adoption of a child. | ||
| (c) A court shall uphold and apply the Constitution of the | ||
| United States, the constitution of this state, federal laws, and | ||
| the laws of this state, including the doctrine that is derived from | ||
| the First Amendment to the United States Constitution and known as | ||
| the church autonomy doctrine, which in part requires courts to | ||
| refrain from involvement in religious doctrinal interpretation or | ||
| application. | ||
| SECTION 2. Section 148.002, Civil Practice and Remedies | ||
| Code, as added by this Act, applies 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. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
