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.