By Junell H.B. No. 7
75R1372 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lawsuits arising outside or brought by persons who
1-3 reside outside of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 71.051, Civil Practice and Remedies Code,
1-6 is amended to read as follows:
1-7 Sec. 71.051. FORUM NON CONVENIENS. (a) If [With respect to
1-8 a claimant who is not a legal resident of the United States, if] a
1-9 court of this state, on written motion of a party, finds that in
1-10 the interest of justice a claim [an action] to which this section
1-11 applies would be more properly heard in a forum outside this state,
1-12 the court may decline to exercise jurisdiction under the doctrine
1-13 of forum non conveniens and may stay or dismiss the claim [action
1-14 in whole or in part] on any conditions that may be just.
1-15 (b) [With respect to a claimant who is a legal resident of
1-16 the United States, on written motion of a party, an action to which
1-17 this section applies may be stayed or dismissed in whole or in part
1-18 under the doctrine of forum non conveniens if the party seeking to
1-19 stay or dismiss the action proves by a preponderance of the
1-20 evidence that:]
1-21 [(1) a forum outside this state is a more appropriate
1-22 forum that:]
1-23 [(A) offers a remedy for the causes of action
1-24 brought by a party to which this section applies;]
2-1 [(B) as a result of the submission of the
2-2 parties or otherwise, can exercise jurisdiction over all parties
2-3 and claims properly joined in the action by the claimant; and]
2-4 [(C) would provide a place of trial that is
2-5 fair, reasonable, and convenient to the parties;]
2-6 [(2) maintenance of the action in the courts of this
2-7 state would work a substantial injustice to the moving party and
2-8 the balance of the private interests of all the parties and the
2-9 public interest of the state predominates in favor of the action
2-10 being brought in the other forum; and]
2-11 [(3) the stay or dismissal would not, in reasonable
2-12 probability, result in unreasonable duplication or proliferation of
2-13 litigation.]
2-14 [(c) No stay or dismissal shall be granted under Subsection
2-15 (b) until all properly joined defendants file with the clerk of the
2-16 court a written stipulation that each defendant will:]
2-17 [(1) submit to the personal jurisdiction of the courts
2-18 of the other forum; and]
2-19 [(2) waive any defense based on the statute of
2-20 limitations applicable in the other forum with respect to all
2-21 causes of action brought by a party to which this section applies.]
2-22 [(d) The court may, on motion and notice to the parties,
2-23 modify an order granting a stay or dismissal under this section and
2-24 take any further action in the proceeding as the interests of
2-25 justice may require. If the moving party violates a stipulation
2-26 required by Subsection (c), the court shall withdraw the order
2-27 staying or dismissing the action and proceed as if the order had
3-1 never been issued. Notwithstanding any other law, the court shall
3-2 have continuing jurisdiction for the purposes of this subsection.]
3-3 [(e) A request for stay or dismissal under this section is
3-4 timely if it is filed not later than the time required for filing a
3-5 motion to transfer venue of the action. Otherwise, any objection
3-6 under this section to the court's exercise of jurisdiction is
3-7 waived. The court may rule on a motion filed under this section
3-8 only after a hearing with notice to all parties not less than 21
3-9 days before the date specified for the hearing. The court shall
3-10 afford all of the parties ample opportunity to obtain discovery of
3-11 information relevant to the motion prior to a hearing on a motion
3-12 under this section. The moving party shall have the responsibility
3-13 to request and obtain a hearing on such motion at a reasonable time
3-14 prior to commencement of the trial, and in no case shall the
3-15 hearing be held less than 30 days prior to trial.]
3-16 [(f) A court may not stay or dismiss an action pursuant to
3-17 Subsection (b):]
3-18 [(1) if a claimant in the action who is properly
3-19 joined is a legal resident of this state;]
3-20 [(2) if a party opposing the motion under Subsection
3-21 (b) alleges and makes a prima facie showing that an act or
3-22 omission that was a proximate or producing cause of the injury or
3-23 death occurred in this state. Notwithstanding Subsection (h), said
3-24 prima facie showing need not be made by a preponderance of the
3-25 evidence and shall be deemed to be satisfied if said party produces
3-26 credible evidence in support of the pleading, which evidence need
3-27 not be in admissible form and may include affidavits, deposition
4-1 testimony, discovery responses, or other verified evidence;]
4-2 [(3) in an action brought under the federal Employers'
4-3 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
4-4 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
4-5 Inspection Act (45 U.S.C. Section 22 et seq.);]
4-6 [(4) in an action in which it is alleged that the
4-7 personal injury or death was caused by a means of air
4-8 transportation operated in this state or occurred while traveling
4-9 in or on a means of air transportation during a trip originating
4-10 from or destined for a location in this state; or]
4-11 [(5) in an action in which it is alleged that harm was
4-12 caused by exposure to asbestos fibers.]
4-13 [(g) This section does not apply if the personal injury or
4-14 death that is the subject of the cause of action resulted from a
4-15 violation of the laws of this state or of the United States,
4-16 including but not limited to exposure to a substance referred to in
4-17 Section 33.013(c)(3) that was transported out of this state or the
4-18 United States in violation of the laws of this state or the United
4-19 States.]
4-20 [(h) The burden is on the party opposing a motion under
4-21 Subsection (b) to assert and prove by a preponderance of the
4-22 evidence an exception provided by Subsection (f), if applicable.
4-23 If a party opposing a motion under Subsection (b) fails to timely
4-24 raise an exception under Subsection (f), that party's right to
4-25 raise such exception is waived, but such waiver does not relieve
4-26 the moving party as to any requirement of this section. An
4-27 exception filed not less than seven days before the hearing on a
5-1 motion made under Subsection (b) shall be deemed to be timely.]
5-2 [(i) Any time limit established by this section may be
5-3 extended by the court at the request of any party for good cause
5-4 shown.]
5-5 [(j) In this section:]
5-6 [(1) "Legal resident" means a person who intends the
5-7 specified political subdivision to be his permanent residence and
5-8 who intends to return to the specified political subdivision
5-9 despite temporary residence elsewhere or despite temporary
5-10 absences, without regard to the person's country of citizenship or
5-11 national origin. The term does not include a person who adopts a
5-12 residence in the specified political subdivision in bad faith for
5-13 purposes of avoiding the application of this section.]
5-14 [(2) "Claimant" means a party, including a plaintiff,
5-15 counterclaimant, cross-claimant, or third-party plaintiff, seeking
5-16 recovery for personal injury or wrongful death. In a cause of
5-17 action in which a party seeks recovery of damages for personal
5-18 injury to or the wrongful death of another person, "claimant"
5-19 includes both that other person and the party seeking such
5-20 recovery. The term does not include a person who is assigned a
5-21 cause of action for personal injury, or who accepts an appointment
5-22 as a personal representative in a wrongful death action, in bad
5-23 faith for purposes of affecting in any way the application of this
5-24 section.]
5-25 [(k)] This section applies to actions for personal injury or
5-26 wrongful death. This section shall govern the courts of this state
5-27 in determining issues under the doctrine of forum non conveniens in
6-1 the actions to which it applies, notwithstanding Section 71.031(a)
6-2 or any other law. This section does not affect the application of
6-3 the common law doctrine of forum non conveniens to an action other
6-4 than an action for personal injury or wrongful death.
6-5 SECTION 2. Sections 71.031(a) and (b), Civil Practice and
6-6 Remedies Code, are amended to read as follows:
6-7 (a) An action for damages for the death or personal injury
6-8 of a citizen of this state, of the United States, or of a foreign
6-9 country may be enforced in the courts of this state, although the
6-10 wrongful act, neglect, or default causing the death or injury takes
6-11 place in a foreign state or country, if:
6-12 (1) a law of the foreign state or country or of this
6-13 state gives a right to maintain an action for damages for the death
6-14 or injury;
6-15 (2) the action is begun in this state within the time
6-16 provided by the laws of this state for beginning the action;
6-17 (3) for a citizen of a foreign state or country, the
6-18 action is begun in this state within the time provided by the laws
6-19 of the foreign state or country in which the wrongful act, neglect,
6-20 or default took place; and
6-21 (4) [(3)] in the case of a citizen of a foreign
6-22 country, the country has equal treaty rights with the United States
6-23 on behalf of its citizens.
6-24 (b) Except as provided by Subsection (a), all [All] matters
6-25 pertaining to procedure in the prosecution or maintenance of the
6-26 action in the courts of this state are governed by the law of this
6-27 state.
7-1 SECTION 3. Subchapter B, Chapter 23, Government Code, is
7-2 amended to read as follows:
7-3 SUBCHAPTER B. PRIORITY IN SETTING HEARINGS AND TRIALS
7-4 Sec. 23.101. PRIMARY PRIORITIES. (a) The trial courts of
7-5 this state shall regularly and frequently set hearings and trials
7-6 of pending matters, giving preference to hearings and trials of the
7-7 following:
7-8 (1) temporary injunctions;
7-9 (2) criminal actions, other than those listed by
7-10 Subdivision (7), with the following actions given preference over
7-11 other criminal actions:
7-12 (A) criminal actions against defendants who are
7-13 detained in jail pending trial; and
7-14 (B) criminal actions involving a charge that a
7-15 person committed an act of family violence, as defined by Section
7-16 71.01, Family Code;
7-17 (3) election contests and suits under the Election
7-18 Code;
7-19 (4) orders for the protection of the family under
7-20 Section 3.581, 71.11, or 71.12, Family Code;
7-21 (5) appeals of final rulings and decisions of the
7-22 Texas Workers' Compensation Commission and claims arising in this
7-23 state under the Federal Employers' Liability Act and the Jones Act;
7-24 (6) appeals of final orders of the commissioner of the
7-25 General Land Office under Section 51.3021, Natural Resources Code;
7-26 and
7-27 (7) an offense under:
8-1 (A) Section 21.11, Penal Code;
8-2 (B) Chapter 22, Penal Code, if the victim of the
8-3 alleged offense is younger than 17 years of age;
8-4 (C) Section 25.02, Penal Code, if the victim of
8-5 the alleged offense is younger than 17 years of age; or
8-6 (D) Section 25.06, Penal Code.
8-7 (b) Insofar as practicable, the trial courts shall observe
8-8 the preference provided by Subsection (a) in ruling on, hearing,
8-9 and trying the matters pending before the courts.
8-10 Sec. 23.1015. PRIORITIES RELATING TO CERTAIN SUITS FILED BY
8-11 NONRESIDENTS. (a) If a civil claim that arose in this state or
8-12 that was filed by a plaintiff who resides in this state has been
8-13 pending in a county for more than 18 months, the courts of the
8-14 county shall try that matter before the trial of a civil claim in
8-15 which:
8-16 (1) the plaintiff is not a resident of this state;
8-17 (2) the plaintiff's claim arose outside of this state;
8-18 and
8-19 (3) the plaintiff's claim is a claim:
8-20 (A) brought under the federal Employers'
8-21 Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety
8-22 Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler
8-23 Inspection Act (45 U.S.C. Section 22 et seq.);
8-24 (B) in which it is alleged that the personal
8-25 injury or death was caused by a means of air transportation
8-26 operated in this state or occurred while traveling in or on a means
8-27 of air transportation during a trip originating from or destined
9-1 for a location in this state; or
9-2 (C) in which it is alleged that harm was caused
9-3 by exposure to asbestos fibers.
9-4 (b) A court shall determine whether a claim is filed by a
9-5 resident or nonresident of this state from facts existing at the
9-6 time the claim accrued.
9-7 (c) To comply with this section in relation to an action
9-8 that involves both claims by a resident of this state and claims by
9-9 a nonresident, or both claims that arose in this state and claims
9-10 that arose outside this state, a court shall consider each claimant
9-11 individually and shall sever from the action a claim by a
9-12 nonresident that arose outside of this state.
9-13 Sec. 23.102. SECONDARY PRIORITIES. A matter not included in
9-14 Section 23.101 shall be set, subject to Section 23.1015, at the
9-15 discretion of the trial court in which the matter is pending,
9-16 observing the following priorities:
9-17 (1) precedence should be given to matters where delay
9-18 will cause physical or economic injury to either the parties or the
9-19 public;
9-20 (2) matters involving substantial substantive or
9-21 constitutional rights should take precedence over matters involving
9-22 permits, licenses, or privileges; and
9-23 (3) precedence should be given matters involving
9-24 important issues that greatly concern the public or materially
9-25 affect the public welfare.
9-26 Sec. 23.103. EFFECT ON OTHER LAWS. Sections 23.101,
9-27 23.1015, and 23.102 do not affect a statute directing a specific
10-1 court to give preference to cases involving that court's criminal
10-2 jurisdiction, family law jurisdiction, or other specified
10-3 jurisdiction.
10-4 Sec. 23.104. PLACE IN WHICH CLAIM AROSE. A court shall
10-5 determine that a claim arose in the state or jurisdiction in which
10-6 the claimant was located at the time the claimant is alleged to
10-7 have suffered the physical harm that is the subject of the claim.
10-8 Sec. 23.105. RULES. The supreme court may adopt rules to
10-9 administer and enforce this subchapter.
10-10 SECTION 4. (a) Except as provided by Subsection (b) of this
10-11 section, this Act and the law amended by this Act apply to a civil
10-12 action commenced on or after the effective date of this Act or
10-13 pending on the effective date of this Act and in which the trial,
10-14 or any new trial or retrial following motion, appeal, or
10-15 otherwise, begins on or after that date. In an action commenced
10-16 before the effective date of this Act, a trial, new trial, or
10-17 retrial that is in progress on that date is governed with respect
10-18 to the subject matter of this Act by the applicable law in effect
10-19 immediately before that date, and that law is continued in effect
10-20 for that purpose.
10-21 (b) Section 2 of this Act applies to a civil action
10-22 commenced on or after the effective date of this Act. A civil
10-23 action commenced before the effective date of this Act is governed
10-24 with respect to the subject matter of Section 2 of this Act by the
10-25 applicable law in effect immediately before that date, and that law
10-26 is continued in effect for that purpose.
10-27 SECTION 5. The importance of this legislation and the
11-1 crowded condition of the calendars in both houses create an
11-2 emergency and an imperative public necessity that the
11-3 constitutional rule requiring bills to be read on three several
11-4 days in each house be suspended, and this rule is hereby suspended,
11-5 and that this Act take effect and be in force from and after its
11-6 passage, and it is so enacted.