BILL ANALYSIS S.B. 400 By: Wentworth (Shields) 4-25-95 Committee Report (Unamended) BACKGROUND One of the four remaining commercial aircraft manufacturers in the United States, San Antonio's Fairchild Aircraft Incorporated, unlike all other manufacturers in Texas, is not subject to forum nonconveniens, the doctrine which allows a court to dismiss litigation commenced by a non-resident of Texas and arising from an incident that occurred outside of the state. PURPOSE As proposed, S.B. 400 provides that the forum of non conveniens applies to a personal injury or death caused by a means of air transportation that is operated in this state or while travelling in or on a means of transportation originating from or destined for a location in this state. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 71.051(f), Civil Practice and Remedies Code, to prohibit a court from staying or dismissing an action in which it is alleged that personal injury or death was caused by a means of air transportation operated in Texas, but deletes a provision prohibiting a court from staying or dismissing an action in which it is alleged that personal injury or death was caused by a means of air transportation designed, manufactured, sold, maintained, inspected, or repaired in Texas. SECTION 2. Effective date - September 1, 1995. Makes application of this Act prospective. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 400 was considered in a public hearing on March 15, 1995. The following individuals testified in support to the bill: James E. Walsh, III, representing Fairchild Aircraft, Inc; Charlie Schnabel, representing Fairchild Aircraft, Inc; and Mike Slack, representing himself and Texas Trial Lawyers Association. No one testified neutrally on or in opposition to the bill. The bill was referred to a subcommittee consisting of Representatives: Moffat (Chair), Alvarado and Hilbert. After being recalled from subcommittee, the bill was considered in a formal meeting on April 24, 1995. The bill was reported favorably, without amendment, with the recommendation that it do pass and be printed, by a record vote of eight ayes, zero nays, zero pnv and one absent.