Texas Statutes
Subchapter A. Supreme Court
Section 22.0041. Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 771 (H.B. 45), Sec. 2, eff. September 1, 2017.

Structure Texas Statutes

Texas Statutes

Government Code

Title 2 - Judicial Branch

Subtitle A - Courts

Chapter 22 - Appellate Courts

Subchapter A. Supreme Court

Section 22.001. Jurisdiction

Section 22.002. Writ Power

Section 22.003. Procedure of the Court

Section 22.0035. Modification or Suspension of Certain Provisions Relating to Court Proceedings Affected by Disaster

Section 22.004. Rules of Civil Procedure

Section 22.0041. Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions

Section 22.0042. Rules Regarding Exemptions From Seizure of Property; Form

Section 22.005. Disqualification of Justices

Section 22.006. Adjournment

Section 22.007. Petition for Review

Section 22.008. Publication of Decisions

Section 22.009. Stenographers; Bailiff

Section 22.010. Sealing of Court Records

Section 22.011. Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse

Section 22.012. Training Related to Diversions

Section 22.013. Judicial Instruction Related to Guardianship Issues

Section 22.0135. Judicial Guidance Related to Child Protective Services Cases and Juvenile Cases

Section 22.014. Senior Justice Acting for Chief Justice

Section 22.015. Permanent Place Designations

Section 22.017. Grants by Commissions Established by Supreme Court

Section 22.018. Promulgation of Forms for Certain Expedited Foreclosure Proceedings

Section 22.019. Promulgation of Certain Landlord-Tenant Forms

Section 22.020. Promulgation of Certain Probate Forms

Section 22.022. Judicial Instruction Related to Foreign Law and Foreign Judgments