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.