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.