By: Hughes  S.B. No. 944          (In the Senate - Filed February 17, 2017; March 1, 2017,   read first time and referred to Committee on State Affairs;   March 28, 2017, reported favorably by the following vote:  Yeas 8,   Nays 0; March 28, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the adoption of the Uniform Foreign-Country Money   Judgments Recognition Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 2, Civil Practice and Remedies   Code, is amended by adding Chapter 36A to read as follows:   CHAPTER 36A. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES          Sec. 36A.001.  SHORT TITLE. This chapter may be cited as the   Uniform Foreign-Country Money Judgments Recognition Act.          Sec. 36A.002.  DEFINITIONS. In this chapter:                (1)  "Foreign country" means a government other than:                      (A)  the United States;                      (B)  a state, district, commonwealth, territory,   or insular possession of the United States; or                      (C)  any other government with respect to which   the decision in this state as to whether to recognize a judgment of   that government's court is initially subject to determination under   Section 1, Article IV, United States Constitution (the full faith   and credit clause).                (2)  "Foreign-country judgment" means a judgment of a   court of a foreign country.          Sec. 36A.003.  APPLICABILITY. (a)  Except as otherwise   provided in Subsection (b), this chapter applies to a   foreign-country judgment to the extent that the judgment:                (1)  grants or denies recovery of a sum of money; and                (2)  under the law of the foreign country in which the   judgment is rendered, is final, conclusive, and enforceable.          (b)  This chapter does not apply to a foreign-country   judgment that grants or denies recovery of a sum of money to the   extent that the judgment is:                (1)  a judgment for taxes;                (2)  a fine or other penalty; or                (3)  a judgment for divorce, support, or maintenance,   or other judgment rendered in connection with domestic relations.          (c)  A party seeking recognition of a foreign-country   judgment has the burden of establishing that this chapter applies   to the foreign-country judgment.          Sec. 36A.004.  STANDARDS FOR RECOGNITION OF FOREIGN-COUNTRY   JUDGMENT. (a)  Except as otherwise provided in Subsections (b) and   (c), a court of this state shall recognize a foreign-country   judgment to which this chapter applies.          (b)  A court of this state may not recognize a   foreign-country judgment if:                (1)  the judgment was rendered under a judicial system   that does not provide impartial tribunals or procedures compatible   with the requirements of due process of law;                (2)  the foreign court did not have personal   jurisdiction over the defendant; or                (3)  the foreign court did not have jurisdiction over   the subject matter.          (c)  A court of this state is not required to recognize a   foreign-country judgment if:                (1)  the defendant in the proceeding in the foreign   court did not receive notice of the proceeding in sufficient time to   enable the defendant to defend;                (2)  the judgment was obtained by fraud that deprived   the losing party of an adequate opportunity to present the party's   case;                (3)  the judgment or the cause of action on which the   judgment is based is repugnant to the public policy of this state or   the United States;                (4)  the judgment conflicts with another final and   conclusive judgment;                (5)  the proceeding in the foreign court was contrary   to an agreement between the parties under which the dispute in   question was to be determined otherwise than by proceedings in the   foreign court;                (6)  jurisdiction was based only on personal service   and the foreign court was a seriously inconvenient forum for the   trial of the action;                (7)  the judgment was rendered in circumstances that   raise substantial doubt about the integrity of the rendering court   with respect to the judgment;                (8)  the specific proceeding in the foreign court   leading to the judgment was not compatible with the requirements of   due process of law; or                (9)  it is established that the foreign country in   which the judgment was rendered does not recognize judgments   rendered in this state that, but for the fact that they are rendered   in this state, would constitute foreign-country judgments to which   this chapter would apply under Section 36A.003.          (d)  A party resisting recognition of a foreign-country   judgment has the burden of establishing that a ground for   nonrecognition stated in Subsection (b) or (c) exists.          Sec. 36A.005.  PERSONAL JURISDICTION. (a)  A   foreign-country judgment may not be refused recognition for lack of   personal jurisdiction if:                (1)  the defendant was served with process personally   in the foreign country;                (2)  the defendant voluntarily appeared in the   proceeding, other than for the purpose of protecting property   seized or threatened with seizure in the proceeding or of   contesting the jurisdiction of the court over the defendant;                (3)  the defendant, before commencement of the   proceeding, agreed to submit to the jurisdiction of the foreign   court with respect to the subject matter involved;                (4)  the defendant was domiciled in the foreign country   when the proceeding was instituted or was a corporation or other   form of business organization whose principal place of business was   in, or that was organized under the laws of, the foreign country;                (5)  the defendant had a business office in the foreign   country and the proceeding in the foreign court involved a cause of   action arising out of business done by the defendant through that   office in the foreign country; or                (6)  the defendant operated a motor vehicle or airplane   in the foreign country and the proceeding involved a cause of action   arising out of that operation.          (b)  The list of bases for personal jurisdiction in   Subsection (a) is not exclusive. A court of this state may   recognize bases of personal jurisdiction other than those listed in   Subsection (a) as sufficient to support a foreign-country judgment.          Sec. 36A.006.  PROCEDURE FOR RECOGNITION OF FOREIGN-COUNTRY   JUDGMENT. (a)  If recognition of a foreign-country judgment is   sought as an original matter, the issue of recognition may be raised   by filing an action seeking recognition of the foreign-country   judgment.          (b)  If recognition of a foreign-country judgment is sought   in a pending action, the issue of recognition may be raised by   counterclaim, cross-claim, or affirmative defense.          Sec. 36A.007.  EFFECT OF RECOGNITION OF FOREIGN-COUNTRY   JUDGMENT. If the court in a proceeding under Section 36A.006 finds   that the foreign-country judgment is entitled to recognition under   this chapter, then, to the extent that the foreign-country judgment   grants or denies recovery of a sum of money, the foreign-country   judgment is:                (1)  conclusive between the parties to the same extent   as the judgment of a sister state entitled to full faith and credit   in this state would be conclusive; and                (2)  enforceable in the same manner and to the same   extent as a judgment rendered in this state.          Sec. 36A.008.  STAY OF PROCEEDINGS PENDING APPEAL OF   FOREIGN-COUNTRY JUDGMENT. If a party establishes that an appeal   from a foreign-country judgment is pending or will be taken, the   court may stay any proceedings with regard to the foreign-country   judgment until:                (1)  the appeal is concluded;                (2)  the time for appeal expires; or                (3)  the appellant has had sufficient time to prosecute   the appeal and has failed to do so.          Sec. 36A.009.  STATUTE OF LIMITATIONS. An action to   recognize a foreign-country judgment must be brought within the   earlier of:                (1)  the time during which the foreign-country judgment   is effective in the foreign country; or                (2)  15 years from the date that the foreign-country   judgment became effective in the foreign country.          Sec. 36A.010.  UNIFORMITY OF INTERPRETATION. In applying   and construing this chapter, consideration must be given to the   need to promote uniformity of the law with respect to the subject   matter of this chapter among states that enact a law based on the   uniform act on which this chapter is based.          Sec. 36A.011.  SAVING CLAUSE. This chapter does not prevent   the recognition under principles of comity or otherwise of a   foreign-country judgment not within the scope of this chapter.          SECTION 2.  Chapter 36, Civil Practice and Remedies Code, is   repealed.          SECTION 3.  This Act applies to a pending suit in which the   issue of recognition of a foreign-country money judgment is or has   been raised without regard to whether the suit was commenced   before, on, or after the effective date of this Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.     * * * * *