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AN ACT
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relating to the doctrine of forum non conveniens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 71.051(e) and (h), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(e) The court may not stay or dismiss a plaintiff's claim |
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under Subsection (b) if the plaintiff is a legal resident of this |
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state or a derivative claimant of a legal resident of this state. |
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The determination of whether a claim may be stayed or dismissed |
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under Subsection (b) shall be made with respect to each plaintiff |
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without regard to whether the claim of any other plaintiff may be |
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stayed or dismissed under Subsection (b) and without regard to a |
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plaintiff's country of citizenship or national origin. If an |
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action involves both plaintiffs who are legal residents of this |
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state and plaintiffs who are not, the court shall consider the |
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factors provided by Subsection (b) and determine whether to deny |
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the motion or to [may not] stay or dismiss the claim of any |
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plaintiff who is not a [action under Subsection (b) if the
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plaintiffs who are] legal resident [residents] of this state [are
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properly joined in the action and the action arose out of a single
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occurrence. The court shall dismiss a claim under Subsection (b) if
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the court finds by a preponderance of the evidence that a party was
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joined solely for the purpose of obtaining or maintaining
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jurisdiction in this state and the party's claim would be more
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properly heard in a forum outside this state]. |
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(h) For purposes of Subsection (e) [In this section]: |
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(1) "Derivative claimant" means a person whose damages |
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were caused by personal injury to or the wrongful death of another |
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["Legal resident" means an individual who intends the specified
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political subdivision to be his permanent residence and who intends
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to return to the specified political subdivision despite temporary
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residence elsewhere or despite temporary absences, without regard
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to the individual's country of citizenship or national origin. The
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term does not include an individual who adopts a residence in the
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specified political subdivision in bad faith for purposes of
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avoiding the application of this section]. |
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(2) "Plaintiff" means a party seeking recovery of |
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damages for personal injury or wrongful death. [In a cause of
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action in which a party seeks recovery of damages for personal
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injury to or the wrongful death of another person, "plaintiff"
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includes both that other person and the party seeking such
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recovery.] The term does not include: |
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(A) a counterclaimant, cross-claimant, or |
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third-party plaintiff or a person who is assigned a cause of action |
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for personal injury; or |
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(B) a representative, administrator, guardian, |
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or next friend who is not otherwise a derivative claimant of a legal |
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resident of this state [, or who accepts an appointment as a
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personal representative in a wrongful death action, in bad faith
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for purposes of affecting in any way the application of this
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section]. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1692 was passed by the House on May |
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11, 2015, by the following vote: Yeas 132, Nays 5, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1692 was passed by the Senate on May |
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22, 2015, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |