By: Leedom S.B. No. 56
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the doctrine of forum non conveniens in certain
1-2 judicial proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 30, Civil Practice and Remedies Code, is
1-5 amended by adding Section 30.007 to read as follows:
1-6 Sec. 30.007. INCONVENIENT FORUM (FORUM NON CONVENIENS). If
1-7 a court of this state, on motion of any party, finds that this
1-8 state is an inconvenient or inappropriate forum in which to try an
1-9 action and that in the interest of justice the action is more
1-10 properly heard in a forum outside this state, the court may decline
1-11 to exercise jurisdiction under the doctrine of forum non conveniens
1-12 and may stay or dismiss the action in whole or in part.
1-13 SECTION 2. Section 51.014, Civil Practice and Remedies Code,
1-14 is amended to read as follows:
1-15 Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. A person may
1-16 appeal from an interlocutory order of a district court, county
1-17 court at law, or county court that:
1-18 (1) appoints a receiver or trustee;
1-19 (2) overrules a motion to vacate an order that
1-20 appoints a receiver or trustee;
1-21 (3) certifies or refuses to certify a class in a suit
1-22 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-23 (4) grants or refuses a temporary injunction or grants
2-1 or overrules a motion to dissolve a temporary injunction as
2-2 provided by Chapter 65; <or>
2-3 (5) denies a motion for summary judgment that is based
2-4 on an assertion of immunity by an individual who is an officer or
2-5 employee of the state or a political subdivision of the state; or
2-6 (6) denies a motion to stay or dismiss an action on
2-7 the basis of the doctrine of forum non conveniens as provided by
2-8 Section 30.007.
2-9 SECTION 3. Section 71.031, Civil Practice and Remedies Code,
2-10 is amended by adding Subsection (d) to read as follows:
2-11 (d) A court may stay or dismiss an action in whole or in
2-12 part on the basis of the doctrine of forum non conveniens as
2-13 provided by Section 30.007.
2-14 SECTION 4. The provisions of this Act are remedial in nature
2-15 and apply to an action commenced on or after the effective date of
2-16 this Act and to any action pending on or after the effective date
2-17 of this Act in which final judgment has not been entered.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.