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.