1-1 By: Wentworth S.B. No. 400
1-2 (In the Senate - Filed January 31, 1995; February 2, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; February 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Wentworth
1-7 Amend S.B. No. 400, SECTION 1, Section 71.051(f)(4), by deleting
1-8 the existing (4) and inserting a new (4) to read as follows:
1-9 (4) in an action in which it is alleged that the
1-10 personal injury or death was caused by a means of air
1-11 transportation operated <designed, manufactured, sold, maintained,
1-12 inspected, or repaired> in this state or occurred while traveling
1-13 in or on a means of air transportation during a trip originating
1-14 from or destined for a location in this state; or
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the application of the doctrine of forum non conveniens
1-18 to certain actions.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subsection (f), Section 71.051, Civil Practice
1-21 and Remedies Code, is amended to read as follows:
1-22 (f) A court may not stay or dismiss an action pursuant to
1-23 Subsection (b):
1-24 (1) if a claimant in the action who is properly joined
1-25 is a legal resident of this state;
1-26 (2) if a party opposing the motion under Subsection
1-27 (b) alleges and makes a prima facie showing that an act or omission
1-28 that was a proximate or producing cause of the injury or death
1-29 occurred in this state. Notwithstanding Subsection (h), said prima
1-30 facie showing need not be made by a preponderance of the evidence
1-31 and shall be deemed to be satisfied if said party produces credible
1-32 evidence in support of the pleading, which evidence need not be in
1-33 admissible form and may include affidavits, deposition testimony,
1-34 discovery responses, or other verified evidence;
1-35 (3) in an action brought under the federal Employers'
1-36 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
1-37 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
1-38 Inspection Act (45 U.S.C. Section 22 et seq.);
1-39 (4) in an action in which it is alleged that the
1-40 personal injury or death <was caused by a means of air
1-41 transportation designed, manufactured, sold, maintained, inspected,
1-42 or repaired in this state or> occurred while traveling in or on a
1-43 means of air transportation during a trip originating from or
1-44 destined for a location in this state; or
1-45 (5) in an action in which it is alleged that harm was
1-46 caused by exposure to asbestos fibers.
1-47 SECTION 2. This Act takes effect September 1, 1995, and
1-48 applies only to a suit filed on or after that date. A suit filed
1-49 before the effective date of this Act is governed by the law
1-50 applicable to the suit immediately before the effective date of
1-51 this Act, and that law is continued in effect for that purpose.
1-52 SECTION 3. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *