By:  Wentworth                                         S.B. No. 400
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the application of the doctrine of forum non conveniens
    1-2  to certain actions.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (f), Section 71.051, Civil Practice
    1-5  and Remedies Code, is amended to read as follows:
    1-6        (f)  A court may not stay or dismiss an action pursuant to
    1-7  Subsection (b):
    1-8              (1)  if a claimant in the action who is properly joined
    1-9  is a legal resident of this state;
   1-10              (2)  if a party opposing the motion under Subsection
   1-11  (b) alleges and makes a prima facie showing that an act or omission
   1-12  that was a proximate or producing cause of the injury or death
   1-13  occurred in this state.  Notwithstanding Subsection (h), said prima
   1-14  facie showing need not be made by a preponderance of the evidence
   1-15  and shall be deemed to be satisfied if said party produces credible
   1-16  evidence in support of the pleading, which evidence need not be in
   1-17  admissible form and may include affidavits, deposition testimony,
   1-18  discovery responses, or other verified evidence;
   1-19              (3)  in an action brought under the federal Employers'
   1-20  Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
   1-21  Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
   1-22  Inspection Act (45 U.S.C. Section 22 et seq.);
   1-23              (4)  in an action in which it is alleged that the
   1-24  personal injury or death was caused by a means of air
    2-1  transportation operated <designed, manufactured, sold, maintained,
    2-2  inspected, or repaired> in this state or occurred while traveling
    2-3  in or on a means of air transportation during a trip originating
    2-4  from or destined for a location in this state; or
    2-5              (5)  in an action in which it is alleged that harm was
    2-6  caused by exposure to asbestos fibers.
    2-7        SECTION 2.  This Act takes effect September 1, 1995, and
    2-8  applies only to a suit filed on or after that date.  A suit filed
    2-9  before the effective date of this Act is governed by the law
   2-10  applicable to the suit immediately before the effective date of
   2-11  this Act, and that law is continued in effect for that purpose.
   2-12        SECTION 3.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.