By:  Duncan                                                       S.B. No. 294
	(In the Senate - Filed January 27, 2005; February 7, 2005, 
read first time and referred to Committee on State Affairs; 
March 9, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 9, Nays 0; March 9, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 294                                    By:  Duncan


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.  Subsections (b) and (f), Section 71.051, Civil 
Practice and Remedies Code, are 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 shall [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 shall 
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.
	(f)  A court that grants a motion to stay or dismiss an action 
under the doctrine of forum non conveniens shall set forth specific 
findings of fact and conclusions of law [may not stay or dismiss a 
claim or action pursuant to Subsection (b) if a party opposing the 
motion under Subsection (b) alleges and makes a prima facie showing 
that an act or omission that was a proximate or producing cause of 
the injury or death occurred in this state.  The prima facie showing 
need not be made by a preponderance of the evidence and shall be 
deemed to be satisfied if the party produces credible evidence in 
support of the pleading, which evidence need not be in admissible 
form and may include affidavits, deposition testimony, discovery 
responses, or other verified evidence].
	SECTION 2.  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 3.  This Act takes effect September 1, 2005.                           



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