BILL ANALYSIS


                                                        S.B. 1119
                                                       By: Bivins
                                             Economic Development
                                                         04-12-95
                                     Committee Report (Unamended)
BACKGROUND

Current law requires all defendants in a lawsuit filed with a Texas
court by residents of other states, in order for a stay or
dismissal to be granted, to stipulate that they are willing to
submit to the jurisdiction of a particular state and that they will
waive any statutes of limitations defenses they may have.  As a
result, a single defendant can block a court order to dismiss the
case regardless of the most appropriate forum for trying the case.

PURPOSE

As proposed, S.B. 1119 authorizes a stay or dismissal to be granted
under Section 71.051(b), Civil Practice and Remedies Code, if the
moving defendant files a certain written stipulation.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 71.051(c), Civil Practice and Remedies
Code, to authorize a stay or dismissal to be granted under
Subsection (b) if the moving defendant files with the clerk of the
court certain written stipulations.

SECTION 2. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.