State Rep. Flynn Takes Action with American Law in American Courts Bill

House Bill 45 by Flynn is voted out of Committee

Texas Insider Report: AUSTIN, Texas — The House Judiciary & Civil Jurisprudence Committee voted Representative Dan Flynn’s (R-Van) American Law in American Courts HB 45 bill out of committee Tuesday. Representative Flynn has introduced bills in the last three Legislative Sessions to address the foreign law issue.

Foreign law is often applied in Texas cases concerning foreign divorce orders, child support and property settlements. In addition, sometimes spouses enter into agreements to have foreign law applied to their disputes. Flynn’s bill would provide that a number of current federal and state statutes that establish procedures to protect against violations of constitutional rights and public policy will prevail in the event of a conflict with the Court’s rules.

“My colleagues and I here at the Texas Legislature want to make sure Texas judges never apply foreign law in Texas courts in violation of constitutional rights and the public policy of our state,” Flynn said. 

“It is an issue that has the ability to affect the core values of Texas and American Law.”

In June, 2015, Attorney General Ken Paxton issued opinion KP-0094, at Representative Flynn’s request, stating that Texas law already prohibits violations of Constitutional Rights and public policy when foreign law is applied.  Representative Flynn gave the Attorney General 19 scenarios that cover the family law landscape to which the Attorney General opined that Texas law already prohibits such violations.

No changes in substantive law are needed therefore, but additional rules of evidence and procedure might aid the courts and litigants in fully and uniformly applying the current law.

“There must be limits on judges when foreign law comes into their courts. I want to make sure judges know today what the law is as this is in an issue that affects the entire State of Texas,” Flynn said.

“The passage of this bill would be a huge step in the right direction for American Law, and I am extremely grateful for my colleagues who have supported the bill, especially Representative Jeff Leach.

“The minute that we begin to allow the authority of law from other nation-states to influence the governance of American people, we will be sacrificing the sovereignty of America itself,” said Flynn.

Noteworthy Bills coming to the House Floor

House Bill 21 is up for its 2nd Reading on the House Floor today. The bill deals with changes to the public school finance system that are believed to be necessary in order to maintain a public school system that meets certain requirements under the Texas Constitution.

  • Representatives Huberty; Zerwas; Turner; Ken King and Dutton are authoring the bill.

House Bill 29 is also up for its 3rd Reading on the House Floor today. The bill addresses the prosecution and punishment of certain sexual offenses and offenses involving prostitution and the trafficking of persons. While a special task force specifically focusing on Human Trafficking Prevention has been previously established, this bill would enact recommendations to assist in the prevention and continued elimination of human trafficking throughout the State of Texas.

The bill is authored by Thompson, Senfronia; Huberty; Collier; Cook and Frullo.

Leave a Reply