Bill Text: TX HB670 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the application of foreign laws and foreign forum selection in this state.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB670 Detail]
Download: Texas-2015-HB670-Comm_Sub.html
| 84R223 KSD-F | ||
| By: Flynn, Bohac, Leach, et al. | H.B. No. 670 | |
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| relating to the application of foreign laws and foreign forum | ||
| selection in this state. | ||
| 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 LAWS; SELECTION OF FOREIGN | ||
| FORUM | ||
| Sec. 148.001. 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. The term does not | ||
| include a law of a Native American tribe of a state or territory of | ||
| the United States. | ||
| Sec. 148.002. DECISION BASED ON FOREIGN LAW. A ruling or | ||
| decision of a court, arbitrator, or administrative adjudicator may | ||
| not be based on a foreign law if the application of that law would | ||
| violate a right guaranteed by the United States Constitution or the | ||
| constitution of this state. | ||
| Sec. 148.003. CHOICE OF FOREIGN LAW OR FORUM IN CONTRACT. | ||
| (a) A contract provision 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 violate a right | ||
| guaranteed by the United States Constitution or the constitution of | ||
| this state. | ||
| (b) A contract provision 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, | ||
| violate a right guaranteed by the United States Constitution or the | ||
| constitution of this state. | ||
| Sec. 148.004. LIMITATION ON FORUM NON CONVENIENS. If a | ||
| resident of this state commences an action in this state, a court | ||
| may not grant a motion for forum non conveniens if the foreign law | ||
| that would be applied to the dispute in the forum to which the | ||
| moving party seeks to have the action removed would, as applied, | ||
| violate a right guaranteed by the United States Constitution or the | ||
| constitution of this state. | ||
| SECTION 2. (a) 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. | ||
| (b) Section 148.003, Civil Practice and Remedies Code, as | ||
| added by this Act, applies 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. | ||
| (c) Section 148.004, Civil Practice and Remedies Code, as | ||
| added by this Act, applies only to a motion for forum non conveniens | ||
| made on or after the effective date of this Act. A motion for forum | ||
| non conveniens made 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 3. This Act takes effect September 1, 2015. | ||
