HB 45

85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs
Civil Remedies

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Dan Flynn


Joan Huffman

Bill Caption

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.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would require the supreme court to adopt rules of evidence and procedure to implement limitations on the granting of comity to a foreign judgement or an arbitration award involving a marriage relationship or a parent-child relationship. The rules would have to protect against violations of constitutional rights and public policy. This bill outlines some requirements for the rules including that the 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 constitutional rights and public policy. 

This bill would also require the supreme court to provide a course for judges that hear certain cases in the family code that relate to issues regarding foreign law, foreign judgments, and arbitration awards. 

Vote Recommendation Notes

HB 45 supports the rule of law under the Texas and United States constitutions. This bill makes clear that foreign law does not superseded our state or federal constitutions, Texas common law, or the public policies of this state. This supports our principle of limited government. For these reasons we support HB 45.

Organizations Supporting

Texas Values Action

Organizations Opposed

American Civil Liberties Union of Texas