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                               * * * * *