By Wentworth S.B. No. 400
74R3528 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of the doctrine of forum non conveniens
1-3 to certain actions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 71.051(f), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (f) A court may not stay or dismiss an action pursuant to
1-8 Subsection (b):
1-9 (1) if a claimant in the action who is properly joined
1-10 is a legal resident of this state;
1-11 (2) if a party opposing the motion under Subsection
1-12 (b) alleges and makes a prima facie showing that an act or omission
1-13 that was a proximate or producing cause of the injury or death
1-14 occurred in this state. Notwithstanding Subsection (h), said prima
1-15 facie showing need not be made by a preponderance of the evidence
1-16 and shall be deemed to be satisfied if said party produces credible
1-17 evidence in support of the pleading, which evidence need not be in
1-18 admissible form and may include affidavits, deposition testimony,
1-19 discovery responses, or other verified evidence;
1-20 (3) in an action brought under the federal Employers'
1-21 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
1-22 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
1-23 Inspection Act (45 U.S.C. Section 22 et seq.);
1-24 (4) in an action in which it is alleged that the
2-1 personal injury or death <was caused by a means of air
2-2 transportation designed, manufactured, sold, maintained, inspected,
2-3 or repaired in this state or> occurred while traveling in or on a
2-4 means of air transportation during a trip originating from or
2-5 destined for a location in this state; or
2-6 (5) in an action in which it is alleged that harm was
2-7 caused by exposure to asbestos fibers.
2-8 SECTION 2. This Act takes effect September 1, 1995, and
2-9 applies only to a suit filed on or after that date. A suit filed
2-10 before the effective date of this Act is governed by the law
2-11 applicable to the suit immediately before the effective date of
2-12 this Act, and that law is continued in effect for that purpose.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.