S.B. No. 400
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.