1-1 By: Bivins S.B. No. 1119
1-2 (In the Senate - Filed March 9, 1995; March 15, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 12, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 1; April 12, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the application of the doctrine of forum non
1-9 conveniens.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (c), Section 71.051, Civil Practice
1-12 and Remedies Code, is amended to read as follows:
1-13 (c) A <No> stay or dismissal may <shall> be granted under
1-14 Subsection (b) if the moving defendant files <until all properly
1-15 joined defendants file> with the clerk of the court a written
1-16 stipulation that the <each> defendant will:
1-17 (1) submit to the personal jurisdiction of the courts
1-18 of the other forum; and
1-19 (2) waive any defense based on the statute of
1-20 limitations applicable in the other forum with respect to all
1-21 causes of action brought by a party to which this section applies.
1-22 SECTION 2. This Act takes effect on September 1, 1995. It
1-23 applies to all causes of action filed on or after that date and to
1-24 all causes of actions pending on that date for which the trial has
1-25 not commenced.
1-26 SECTION 3. The importance of this legislation and the
1-27 crowded condition of the calendars in both houses create an
1-28 emergency and an imperative public necessity that the
1-29 constitutional rule requiring bills to be read on three several
1-30 days in each house be suspended, and this rule is hereby suspended.
1-31 * * * * *