By: Flynn, et al. (Senate Sponsor - Huffman) H.B. No. 45          (In the Senate - Received from the House May 8, 2017;   May 12, 2017, read first time and referred to Committee on State   Affairs; May 18, 2017, reported favorably by the following vote:     Yeas 7, Nays 2; May 18, 2017, sent to printer.)Click here to see the committee vote    A BILL TO BE ENTITLED   AN ACT     relating to requiring the Texas Supreme Court to adopt rules and   provide judicial instruction regarding the application of foreign   laws in certain family law cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that:                (1)  litigants in actions under the Family Code   involving a marriage relationship or a parent-child relationship   are protected against violations of constitutional rights and   public policy in the application of foreign law and the recognition   and enforcement of foreign judgments and arbitration awards by   courts of this state by a well-established body of law, described by   Tex. Att'y Gen. Op. No. KP-0094 (2016), which includes protections   provided under:                      (A)  the United States Constitution and the Texas   Constitution;                      (B)  federal law, treaties, and conventions to   which the United States is a signatory;                      (C)  federal and state judicial precedent; and                      (D)  the Family Code and other laws of this state;                (2)  the legislature has enacted statutes, including   the Uniform Child Custody Jurisdiction and Enforcement Act   (UCCJEA), that address comity regarding foreign judgments and   arbitration awards;                (3)  as recognized by courts and commentators, the   UCCJEA does not define the aspects of a foreign law that violate   fundamental principles of human rights or certain terminology used   by that Act;                (4)  the Family Code allows parties to a suit involving   the marriage relationship or affecting the parent-child   relationship to engage in arbitration and authorizes the court to   render an order reflecting the arbitrator's award;                (5)  the Family Code should not be applied to enforce a   judgment or arbitrator's award affecting a marriage relationship or   a parent-child relationship based on foreign law if the foreign law   applied to render the judgment or award does not:                      (A)  grant constitutional rights guaranteed by   the United States Constitution and the Texas Constitution;                      (B)  consider the best interest of the child;                      (C)  consider whether domestic violence or child   abuse has occurred and is likely to continue in the future; or                      (D)  consider whether the foreign judgment or   arbitrator's award affecting the parent-child relationship may   place the child in substantial risk of harm; and                (6)  the rules of procedure and evidence adopted by the   Texas Supreme Court and judicial education required by the Texas   Supreme Court can ensure the full implementation and uniform   application by the courts of this state of the well-established   body of law described by Subdivision (1) of this section in order to   protect litigants in actions under the Family Code involving a   marriage relationship or a parent-child relationship against   violations of constitutional rights and public policy.          SECTION 2.  Subchapter A, Chapter 22, Government Code, is   amended by adding Sections 22.0041 and 22.022 to read as follows:          Sec. 22.0041.  RULES REGARDING FOREIGN LAW AND FOREIGN   JUDGMENTS IN CERTAIN FAMILY LAW ACTIONS. (a) In this section:                (1)  "Comity" means the recognition by a court of one   jurisdiction of the laws and judicial decisions of a court of   another jurisdiction.                (2)  "Foreign judgment" means a judgment of a court,   tribunal, or administrative adjudicator of a jurisdiction outside   of the states and territories of the United States.                (3)  "Foreign law" means a law, rule, or code of a   jurisdiction outside of the states and territories of the United   States.          (b)  The supreme court shall adopt rules of evidence and   procedure to implement the limitations on the granting of comity to   a foreign judgment or an arbitration award involving a marriage   relationship or a parent-child relationship under the Family Code   to protect against violations of constitutional rights and public   policy.          (c)  The rules adopted under Subsection (b) must:                (1)  require that any party who intends to seek   enforcement of a judgment or an arbitration award based on foreign   law that involves a marriage relationship or a parent-child   relationship shall provide timely notice to the court and to each   other party, including by providing information required by Rule   203, Texas Rules of Evidence, and by describing the court's   authority to enforce or decide to enforce the judgment or award;                (2)  require that any party who intends to oppose the   enforcement of a judgment or an arbitration award based on foreign   law that involves a marriage relationship or a parent-child   relationship shall provide timely notice to the court and to each   other party and include with the notice an explanation of the   party's basis for opposition, including by stating whether the   party asserts that the judgment or award violates constitutional   rights or public policy;                (3)  require a hearing on the record, after notice to   the parties, to determine whether the proposed enforcement of a   judgment or an arbitration award based on foreign law that involves   a marriage relationship or a parent-child relationship violates   constitutional rights or public policy;                (4)  to facilitate appellate review, require that a   court state its findings of fact and conclusions of law in a written   order determining whether to enforce a foreign judgment or an   arbitration award based on foreign law that involves a marriage   relationship or a parent-child relationship;                (5)  require that a court's determination under   Subdivision (3) or (4) be made promptly so that the action may   proceed expeditiously; and                (6)  provide that a court may issue any orders the court   considers necessary to preserve principles of comity or the freedom   to contract for arbitration while protecting against violations of   constitutional rights and public policy in the application of   foreign law and the recognition and enforcement of foreign   judgments and arbitration awards.          (d)  In addition to the rules required under Subsection (b),   the supreme court shall adopt any other rules the supreme court   considers necessary or advisable to accomplish the purposes of this   section.          (e)  A rule adopted under this section does not apply to an   action brought under the International Child Abduction Remedies Act   (22 U.S.C. Section 9001 et seq.).          (f)  In the event of a conflict between a rule adopted under   this section and a federal or state law, the federal or state law   prevails.          Sec. 22.022.  JUDICIAL INSTRUCTION RELATED TO FOREIGN LAW   AND FOREIGN JUDGMENTS. (a) The supreme court shall provide for a   course of instruction that relates to issues regarding foreign law,   foreign judgments, and arbitration awards in relation to foreign   law that arise in actions under the Family Code involving the   marriage relationship and the parent-child relationship for judges   involved in those actions.          (b)  The course of instruction must include information   about:                (1)  the limits on comity and the freedom to contract   for arbitration that protect against violations of constitutional   rights and public policy in the application of foreign law and the   recognition and enforcement of foreign judgments and arbitration   awards in actions brought under the Family Code; and                (2)  the rules of evidence and procedure adopted under   Section 22.0041.          (c)  The supreme court shall adopt rules necessary to   accomplish the purposes of this section.          SECTION 3.  The Texas Supreme Court shall adopt rules as   required by this Act as soon as practicable following the effective   date of this Act, but not later than January 1, 2018.          SECTION 4.  This Act takes effect September 1, 2017.     * * * * *