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§ 36A.011.Saving Clause

Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 36A. Enforcement of Judgments of Other Countries · Last amended 2017 · Last verified August 29, 2026

In one sentenceSection 36A.011 preserves recognition under comity or otherwise of a foreign-country judgment outside the chapter’s scope.

Full Text of § 36A.011

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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.
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Plain-English Summary

The saving clause, and it is what keeps the chapter from being a wall.

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.

Comity is the doctrine under which a court gives effect to another sovereign’s judicial acts out of mutual respect rather than obligation. It predates the uniform act and continues alongside it.

The argument this forecloses is the familiar one. A detailed statutory scheme for recognizing foreign judgments could be read as the exclusive route, so that anything outside it is unrecognizable.

What sits outside the chapter is substantial. Judgments granting non-money relief — injunctions, declarations, specific performance — and the excluded categories of tax, penalty and domestic relations judgments.

Those exclusions were not statements that such judgments deserve no respect. They mark subjects the uniform act chose not to address, and this section confirms that the choice leaves the common law where it was.

"Or otherwise" widens the saving beyond comity to any other basis on which recognition might be given — a treaty, another statute, or a doctrine developed by the courts.

The section says nothing about how a court should exercise comity, and the standards remain what the case law makes them.

Read with the chapter as a whole, the structure is coherent. Money judgments within the scope get a defined statutory analysis with allocated burdens; everything else keeps the flexible, discretionary treatment it always had.

Frequently Asked Questions

Can a judgment outside this chapter still be recognized?

Yes, under principles of comity or otherwise. The chapter does not prevent it.

What falls outside?

Non-money judgments, and judgments for taxes, fines or penalties, and domestic relations matters.

What standards apply then?

The chapter does not say. Comity and the case law developing it continue to govern.

Amendment History

  • Added by Acts 2017, 85th Leg., R.S., Ch. 390 (S.B. 944), Sec. 1, eff. June 1, 2017.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source