By: Bivins S.B. No. 1119
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the application of the doctrine of forum non
1-2 conveniens.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (c), Section 71.051, Civil Practice
1-5 and Remedies Code, is amended to read as follows:
1-6 (c) A <No> stay or dismissal may <shall> be granted under
1-7 Subsection (b) if the moving defendant files <until all properly
1-8 joined defendants file> with the clerk of the court a written
1-9 stipulation that the <each> defendant will:
1-10 (1) submit to the personal jurisdiction of the courts
1-11 of the other forum; and
1-12 (2) waive any defense based on the statute of
1-13 limitations applicable in the other forum with respect to all
1-14 causes of action brought by a party to which this section applies.
1-15 SECTION 2. This Act takes effect on September 1, 1995. It
1-16 applies to all causes of action filed on or after that date and to
1-17 all causes of actions pending on that date for which the trial has
1-18 not commenced.
1-19 SECTION 3. The importance of this legislation and the
1-20 crowded condition of the calendars in both houses create an
1-21 emergency and an imperative public necessity that the
1-22 constitutional rule requiring bills to be read on three several
1-23 days in each house be suspended, and this rule is hereby suspended.