By: Wentworth S.B. No. 1253
A BILL TO BE ENTITLED
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. Subsection (f), Section 71.051, Civil Practice and
1-5 Remedies Code, as added by S.B. No. 2, Acts of the 73rd
1-6 Legislature, Regular Session, 1993, is amended to read as follows:
1-7 (f) A court may not stay or dismiss an action pursuant to
1-8 Subsection (b):
1-9 (1) if a claimant in the action who is properly joined
1-10 is a legal resident of this state;
1-11 (2) if a party opposing the motion under Subsection
1-12 (b) alleges and makes a prima facie showing that an act or
1-13 omission that was a proximate or producing cause of the injury or
1-14 death occurred in this state. Notwithstanding Subsection (h), said
1-15 prima facie showing need not be made by a preponderance of the
1-16 evidence and shall be deemed to be satisfied if said party produces
1-17 credible evidence in support of the pleading, which evidence need
1-18 not be in admissible form and may include affidavits, deposition
1-19 testimony, discovery responses, or other verified evidence;
1-20 (3) in an action brought under the federal Employers'
1-21 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
1-22 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
1-23 Inspection Act (45 U.S.C. Section 22 et seq.);
2-1 (4) in an action in which it is alleged that the
2-2 personal injury or death <was caused by a means of air
2-3 transportation designed, manufactured, sold, maintained, inspected,
2-4 or repaired in this state or> occurred while traveling in or on a
2-5 means of air transportation during a trip originating from or
2-6 destined for a location in this state; or
2-7 (5) in an action in which it is alleged that harm was
2-8 caused by exposure to asbestos fibers.
2-9 SECTION 2. This Act applies to a cause of action filed on or
2-10 after September 1, 1993.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.