SRC-HRD S.B. 220 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 220
By: Bivins
Economic Development
2-19-97
As Filed


DIGEST 

Currently, the Texas common law forum non conveniens doctrine, similar to
federal and most other states' courts, gives judges broad discretion to
dismiss lawsuits if in the interest of justice and convenience of the
parties, an alternate jurisdiction is a more appropriate forum for the
lawsuit. However, the Texas statutory forum non conveniens doctrine
requires Texas judges to apply a different set of criteria to lawsuits
filed by foreign plaintiffs and residents of other states.  It exempts,
from the forum non conveniens doctrine, claims based on any violation of
federal law; exempts claims related to air transportation, railroad
companies, and asbestos; requires all defendants to unanimously consent to
the jurisdiction of the alternate forum; and requires all defendants to
waive all statutes of limitations defenses.  S.B. 220 would eliminate
these exemptions and assign priorities to certain suits.  

PURPOSE

As proposed, S.B. 220 authorizes a court in this state, under certain
conditions, to decline to exercise jurisdiction under the doctrine of
forum non conveniens, and to stay or dismiss the claim, and assign
priorities to certain suits. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Supreme Court under SECTION 3
(Section 23.105, Government Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 71.051, Civil Practice and Remedies Code, to
provide that if a court of this state, on written notice of a party, finds
that in the interest of justice a claim, rather than an action, to which
this section applies would be more properly heard in a forum outside this
state, the court may decline to exercise jurisdiction under the doctrine
of forum non conveniens and may stay or dismiss the claim, rather than
action in whole or part, on any conditions that may be just.  Deletes
existing Subsections (b)-(i) regarding procedures for dismissal of cases
based on forum non conveniens.  Deletes definitions of "legal resident"
and "claimant."  Provides that this section does not affect the
application of the common law doctrine of forum non conveniens to an
action other than an action for personal injury or wrongful death. 

SECTION 2. Amends Sections 71.031(a) and (b), Civil Practice and Remedies
Code, to authorize the enforcement of an action for damages for the death
or personal injury of a citizen of this state, of the United States, or of
a foreign country, in the courts of this state, although the wrongful act,
neglect, or default causing the death or injury takes place in a foreign
state or country, if for a citizen of a foreign state or country,  the
action is begun in this state within the time provided by the laws of the
foreign state or county in which the wrongful act, neglect, or default
took place.  Makes conforming changes. 

SECTION 3. Amends Chapter 23B, Government Code, as follows:

Sec. 23.101.  PRIMARY PRIORITIES.  Requires the trial courts of this state
to regularly and frequently set hearings and trials of pending matters,
giving preference to the appeals of final ruling and decisions of the
Texas Workers' Compensation Commission and claims arising in  this state
under the Federal Employers' Liability Act and the Jones Act.   

Sec. 23.1015.  PRIORITIES RELATING TO CERTAIN SUITS FILED BY NONRESIDENTS.
Requires the courts of the county, if a civil claim that arose in this
state or that was filed by a plaintiff who resides in this state has been
pending in a county for more than 18 months, to try that matter before the
trial of a civil claim in which certain conditions are met.  Requires a
court to determine whether a claim is filed by a resident or nonresident
of this state from facts existing at the time the claim accrued.  Requires
a court, in order to comply with this section regarding an action that
involves a certain claim, to consider each claimant individually and to
sever from the action a claim by a nonresident that arose outside of this
state. 

Sec. 23.102.  SECONDARY PRIORITIES.  Requires a matter not included in
Section 23.101 to be set, subsection to Section 23.1015, at the discretion
of the trial court, observing certain priorities.   

Sec. 23.103.  EFFECT ON OTHER LAWS.  Makes conforming changes.

Sec. 23.104.  PLACE IN WHICH CLAIM AROSE.  Requires a court to determine
that a claim arose in the state or jurisdiction in which the claimant was
located at the time the claimant is alleged to have suffered the physical
harm. 

Sec. 23.105.  RULES.  Authorizes the supreme court to adopt rules to
administer and enforce this subchapter. 

SECTION 4. Makes application of this Act prospective.

SECTION 5.  Emergency clause.
  Effective date:  upon passage.