79R8375 AJA-F
By: Gattis H.B. No. 755
Substitute the following for H.B. No. 755:
By: Rose C.S.H.B. No. 755
A BILL TO BE ENTITLED
AN ACT
relating to procedures relating to the doctrine of forum non
conveniens in a civil cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 71.051(b), Civil Practice and Remedies
Code, is amended to read as follows:
(b) If a court of this state, on written motion of a party,
finds that in the interest of justice and for the convenience of the
parties a claim or action to which this section applies would be
more properly heard in a forum outside this state, the court shall
decline to exercise jurisdiction under the doctrine of forum non
conveniens and shall stay or dismiss the claim or action. In
determining whether to grant a motion to stay or dismiss an action
under the doctrine of forum non conveniens, the court may consider
whether:
(1) an alternate forum exists in which the claim or
action may be tried;
(2) the alternate forum provides an adequate remedy;
(3) maintenance of the claim or action in the courts of
this state would work a substantial injustice to the moving party;
(4) the alternate forum, as a result of the submission
of the parties or otherwise, can exercise jurisdiction over all the
defendants properly joined to the plaintiff's claim;
(5) the balance of the private interests of the
parties and the public interest of the state predominate in favor of
the claim or action being brought in an alternate forum, which may
include consideration of the extent to which an injury or death
resulted from acts or omissions that occurred in this state; and
(6) the stay or dismissal would not result in
unreasonable duplication or proliferation of litigation.
SECTION 2. Section 71.051(f), Civil Practice and Remedies
Code, is repealed.
SECTION 3. This Act applies only to an action filed on or
after the effective date of this Act. An action filed before the
effective date of this Act, including an action filed before that
date in which a party is joined or designated after that date, is
governed by the law in effect immediately before the change in law
made by this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2005.