Tex. Gov't Code Section 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.

Source: Section 22.0041 — Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­22.­htm#22.­0041 (accessed Jun. 5, 2024).

22.001
Jurisdiction
22.002
Writ Power
22.003
Procedure of the Court
22.004
Rules of Civil Procedure
22.005
Disqualification of Justices
22.006
Adjournment
22.007
Petition for Review
22.008
Publication of Decisions
22.009
Stenographers
22.010
Sealing of Court Records
22.011
Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse
22.012
Training Related to Diversions
22.013
Judicial Instruction Related to Guardianship Issues
22.014
Senior Justice Acting for Chief Justice
22.015
Permanent Place Designations
22.017
Grants by Commissions Established by Supreme Court
22.018
Promulgation of Forms for Certain Expedited Foreclosure Proceedings
22.019
Promulgation of Certain Landlord-tenant Forms
22.020
Promulgation of Certain Probate Forms
22.022
Judicial Instruction Related to Foreign Law and Foreign Judgments
22.0035
Modification or Suspension of Certain Provisions Relating to Court Proceedings Affected by Disaster
22.0041
Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions
22.0042
Rules Regarding Exemptions from Seizure of Property
22.101
Seal
22.102
Mandate
22.103
Ascertainment of Facts
22.105
Disqualification
22.106
Commissioners of Court of Criminal Appeals
22.107
Commission in Aid of Court of Criminal Appeals
22.108
Rules of Appellate Procedure in Criminal Cases
22.109
Rules of Evidence in Criminal Cases
22.110
Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse and Neglect
22.111
Training for Prosecuting Attorneys Related to Punishment Enhancement Because of Bias or Prejudice
22.112
Permanent Place Designations
22.0133
Judicial, Court Investigator, and Court Visitor Training Related to Guardianships
22.0135
Judicial Guidance Related to Child Protective Services Cases and Juvenile Cases
22.201
Courts of Appeals Districts
22.202
First Court of Appeals
22.203
Second Court of Appeals
22.204
Third Court of Appeals
22.205
Fourth Court of Appeals
22.206
Fifth Court of Appeals
22.207
Sixth Court of Appeals
22.208
Seventh Court of Appeals
22.209
Eighth Court of Appeals
22.210
Ninth Court of Appeals
22.211
Tenth Court of Appeals
22.212
Eleventh Court of Appeals
22.213
Twelfth Court of Appeals
22.214
Thirteenth Court of Appeals
22.215
Fourteenth Court of Appeals
22.216
Membership
22.217
Disqualification
22.218
Term of Court
22.219
Adjournment
22.220
Civil Jurisdiction
22.221
Writ Power
22.222
Court Sitting in Panels
22.223
Court Sitting En Banc
22.224
Seal
22.225
Effect of Judgment in Civil Cases
22.226
Mandate
22.228
Special Commissioner
22.229
Appellate Judicial System Fund
22.301
Salaries of Officers and Personnel of Appellate Courts
22.302
Use of Teleconferencing Technology
22.303
Recording of Certain Court Proceedings
22.304
Court Sitting in Panels for Certain Election Proceedings
22.305
Priority of Certain Election Proceedings
22.1095
Rules on Electronic Filing of Documents for Capital Cases in Court of Criminal Appeals
22.1105
Judicial Instruction Related to Certain Alleged Child Offenders
22.1106
Judicial Instruction Related to Court-ordered Outpatient Mental Health Services
22.2151
Fifteenth Court of Appeals
22.2152
Report on Fifteenth Court of Appeals
22.3015
Expenses of Appellate Court Judge or Justice

Accessed:
Jun. 5, 2024

§ 22.0041’s source at texas​.gov