S.B. No. 2
                                        AN ACT
    1-1  relating to the application of the doctrine of forum non conveniens
    1-2  to certain actions.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 71, Civil Practice and Remedies Code, is
    1-5  amended by adding Subchapter D to read as follows:
    1-6                  SUBCHAPTER D.  FORUM NON CONVENIENS
    1-7        Sec. 71.051.  FORUM NON CONVENIENS.  (a)  With respect to a
    1-8  claimant who is not a legal resident of the United States, if a
    1-9  court of this state, on written motion of a party, finds that in
   1-10  the interest of justice an action to which this section applies
   1-11  would be more properly heard in a forum outside this state, the
   1-12  court may decline to exercise jurisdiction under the doctrine of
   1-13  forum non conveniens and may stay or dismiss the action in whole or
   1-14  in part on any conditions that may be just.
   1-15        (b)  With respect to a claimant who is a legal resident of
   1-16  the United States, on written motion of a party, an action to which
   1-17  this section applies may be stayed or dismissed in whole or in part
   1-18  under the doctrine of forum non conveniens if the party seeking to
   1-19  stay or dismiss the action proves by a preponderance of the
   1-20  evidence that:
   1-21              (1)  a forum outside this state is a more appropriate
   1-22  forum that:
   1-23                    (A)  offers a remedy for the causes of action
   1-24  brought by a party to which this section applies;
    2-1                    (B)  as a result of the submission of the parties
    2-2  or otherwise, can exercise jurisdiction over all parties and claims
    2-3  properly joined in the action by the claimant; and
    2-4                    (C)  would provide a place of trial that is fair,
    2-5  reasonable, and convenient to the parties;
    2-6              (2)  maintenance of the action in the courts of this
    2-7  state would work a substantial injustice to the moving party and
    2-8  the balance of the private interests of all the parties and the
    2-9  public interest of the state predominates in favor of the action
   2-10  being brought in the other forum; and
   2-11              (3)  the stay or dismissal would not, in reasonable
   2-12  probability, result in unreasonable duplication or proliferation of
   2-13  litigation.
   2-14        (c)  No stay or dismissal shall be granted under Subsection
   2-15  (b) until all properly joined defendants file with the clerk of the
   2-16  court a written stipulation that each defendant will:
   2-17              (1)  submit to the personal jurisdiction of the courts
   2-18  of the other forum; and
   2-19              (2)  waive any defense based on the statute of
   2-20  limitations applicable in the other forum with respect to all
   2-21  causes of action brought by a party to which this section applies.
   2-22        (d)  The court may, on motion and notice to the parties,
   2-23  modify an order granting a stay or dismissal under this section and
   2-24  take any further action in the proceeding as the interests of
   2-25  justice may require.  If the moving party violates a stipulation
   2-26  required by Subsection (c), the court shall withdraw the order
   2-27  staying or dismissing the action and proceed as if the order had
    3-1  never been issued.  Notwithstanding any other law, the court shall
    3-2  have continuing jurisdiction for the purposes of this subsection.
    3-3        (e)  A request for stay or dismissal under this section is
    3-4  timely if it is filed not later than the time required for filing a
    3-5  motion to transfer venue of the action.  Otherwise, any objection
    3-6  under this section to the court's exercise of jurisdiction is
    3-7  waived.  The court may rule on a motion filed under this section
    3-8  only after a hearing with notice to all parties not less than 21
    3-9  days before the date specified for the hearing.  The court shall
   3-10  afford all of the parties ample opportunity to obtain discovery of
   3-11  information relevant to the motion prior to a hearing on a motion
   3-12  under this section.  The moving party shall have the responsibility
   3-13  to request and obtain a hearing on such motion at a reasonable time
   3-14  prior to commencement of the trial, and in no case shall the
   3-15  hearing be held less than 30 days prior to trial.
   3-16        (f)  A court may not stay or dismiss an action pursuant to
   3-17  Subsection (b):
   3-18              (1)  if a claimant in the action who is properly joined
   3-19  is a legal resident of this state;
   3-20              (2)  if a party opposing the motion under Subsection
   3-21  (b) alleges and makes a prima facie showing that an act or omission
   3-22  that was a proximate or producing cause of the injury or death
   3-23  occurred in this state.  Notwithstanding Subsection (h), said prima
   3-24  facie showing need not be made by a preponderance of the evidence
   3-25  and shall be deemed to be satisfied if said party produces credible
   3-26  evidence in support of the pleading, which evidence need not be in
   3-27  admissible form and may include affidavits, deposition testimony,
    4-1  discovery responses, or other verified evidence;
    4-2              (3)  in an action brought under the federal Employers'
    4-3  Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
    4-4  Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
    4-5  Inspection Act (45 U.S.C. Section 22 et seq.);
    4-6              (4)  in an action in which it is alleged that the
    4-7  personal injury or death was caused by a means of air
    4-8  transportation designed, manufactured, sold, maintained, inspected,
    4-9  or repaired in this state or occurred while traveling in or on a
   4-10  means of air transportation during a trip originating from or
   4-11  destined for a location in this state; or
   4-12              (5)  in an action in which it is alleged that harm was
   4-13  caused by exposure to asbestos fibers.
   4-14        (g)  This section does not apply if the personal injury or
   4-15  death that is the subject of the cause of action resulted from a
   4-16  violation of the laws of this state or of the United States,
   4-17  including but not limited to exposure to a substance referred to in
   4-18  Section 33.013(c)(3) that was transported out of this state or the
   4-19  United States in violation of the laws of this state or the United
   4-20  States.
   4-21        (h)  The burden is on the party opposing a motion under
   4-22  Subsection (b) to assert and prove by a preponderance of the
   4-23  evidence an exception provided by Subsection (f), if applicable.
   4-24  If a party opposing a motion under Subsection (b) fails to timely
   4-25  raise an exception under Subsection (f), that party's right to
   4-26  raise such exception is waived, but such waiver does not relieve
   4-27  the moving party as to any requirement of this section.  An
    5-1  exception filed not less than seven days before the hearing on a
    5-2  motion made under Subsection (b) shall be deemed to be timely.
    5-3        (i)  Any time limit established by this section may be
    5-4  extended by the court at the request of any party for good cause
    5-5  shown.
    5-6        (j)  In this section:
    5-7              (1)  "Legal resident" means a person who intends the
    5-8  specified political subdivision to be his permanent residence and
    5-9  who intends to return to the specified political subdivision
   5-10  despite temporary residence elsewhere or despite temporary
   5-11  absences, without regard to the person's country of citizenship or
   5-12  national origin.  The term does not include a person who adopts a
   5-13  residence in the specified political subdivision in bad faith for
   5-14  purposes of avoiding the application of this section.
   5-15              (2)  "Claimant" means a party, including a plaintiff,
   5-16  counterclaimant, cross-claimant, or third-party plaintiff, seeking
   5-17  recovery for personal injury or wrongful death.  In a cause of
   5-18  action in which a party seeks recovery of damages for personal
   5-19  injury to or the wrongful death of another person, "claimant"
   5-20  includes both that other person and the party seeking such
   5-21  recovery.  The term does not include a person who is assigned a
   5-22  cause of action for personal injury, or who accepts an appointment
   5-23  as a personal representative in a wrongful death action, in bad
   5-24  faith for purposes of affecting in any way the application of this
   5-25  section.
   5-26        (k)  This section applies to actions for personal injury or
   5-27  wrongful death.  This section shall govern the courts of this state
    6-1  in determining issues under the doctrine of forum non conveniens in
    6-2  the actions to which it applies, notwithstanding Section 71.031(a)
    6-3  or any other law.
    6-4        SECTION 2.  This Act applies to a cause of action filed on or
    6-5  after September 1, 1993.
    6-6        SECTION 3.  The importance of this legislation and the
    6-7  crowded condition of the calendars in both houses create an
    6-8  emergency   and   an   imperative   public   necessity   that   the
    6-9  constitutional rule requiring bills to be read on three several
   6-10  days in each house be suspended, and this rule is hereby suspended.