By Duncan H.B. No. 2917
74R8150 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the doctrine of forum non conveniens
1-3 in certain civil actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 71.051(d) and (f), Civil Practice and
1-6 Remedies Code, are amended to read as follows:
1-7 (d) The court may, on motion and notice to the parties,
1-8 modify an order granting a stay or dismissal under this section and
1-9 take any further action in the proceeding as the interests of
1-10 justice may require. <If the moving party violates a stipulation
1-11 required by Subsection (c), the court shall withdraw the order
1-12 staying or dismissing the action and proceed as if the order had
1-13 never been issued.> Notwithstanding any other law, the court shall
1-14 have continuing jurisdiction for the purposes of this subsection.
1-15 (f) A court may not stay or dismiss an action pursuant to
1-16 Subsection (b):
1-17 (1) if a claimant in the action who is properly joined
1-18 is a legal resident of this state;
1-19 (2) if a party opposing the motion under Subsection
1-20 (b) alleges and makes a prima facie showing that an act or omission
1-21 that was a proximate or producing cause of the injury or death
1-22 occurred in this state. Notwithstanding Subsection (h), said prima
1-23 facie showing need not be made by a preponderance of the evidence
1-24 and shall be deemed to be satisfied if said party produces credible
2-1 evidence in support of the pleading, which evidence need not be in
2-2 admissible form and may include affidavits, deposition testimony,
2-3 discovery responses, or other verified evidence;
2-4 (3) in an action brought under the federal Employers'
2-5 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
2-6 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
2-7 Inspection Act (45 U.S.C. Section 22 et seq.); or
2-8 (4) in an action in which it is alleged that the
2-9 personal injury or death was caused by a means of air
2-10 transportation designed, manufactured, sold, maintained, inspected,
2-11 or repaired in this state or occurred while traveling in or on a
2-12 means of air transportation during a trip originating from or
2-13 destined for a location in this state<; or>
2-14 <(5) in an action in which it is alleged that harm was
2-15 caused by exposure to asbestos fibers>.
2-16 SECTION 2. Section 71.051(c), Civil Practice and Remedies
2-17 Code, is repealed.
2-18 SECTION 3. (a) This Act and the law amended by this Act
2-19 apply to a civil action:
2-20 (1) commenced on or after the effective date of this
2-21 Act; or
2-22 (2) pending on the effective date of this Act and in
2-23 which the trial, or any new trial or retrial following motion,
2-24 appeal, or otherwise, begins on or after that date.
2-25 (b) In an action commenced before the effective date of this
2-26 Act, a trial, new trial, or retrial that is in progress on that
2-27 date is governed with respect to the subject matter of this Act by
3-1 the applicable law in effect immediately before that date, and that
3-2 law is continued in effect for that purpose.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.