85R3374 CAE-F     By: Flynn H.B. No. 45       A BILL TO BE ENTITLED   AN ACT   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, 2017.