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A BILL TO BE ENTITLED
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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.] In determining whether a case should be dismissed under |
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this subchapter, the plaintiff's choice of a forum in this state |
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shall be given substantial deference, provided that the plaintiff |
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is a legal resident of the state and the underlying litigation has a |
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significant connection to this state. [If an action involves both
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plaintiffs who are legal residents of this state and plaintiffs who
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are not, the court may not stay or dismiss the action under
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Subsection (b) if the plaintiffs who are legal residents of this
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state are properly joined in the action and the action arose out of
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a single occurrence.
The court shall dismiss a claim under
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Subsection (b) if the court finds by a preponderance of the evidence
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that a party was joined solely for the purpose of obtaining or
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maintaining jurisdiction in this state and the party's claim would
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be more properly heard in a forum outside this state.] |
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(h) In this section, "plaintiff"[:
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(1)
"Legal resident" means an individual who intends
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the specified political subdivision to be his permanent residence
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and who intends to return to the specified political subdivision
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despite temporary residence elsewhere or despite temporary
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absences, without regard to the individual's country of citizenship
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or national origin.
The term does not include an individual who
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adopts a residence in the specified political subdivision in bad
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faith for purposes of 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 action |
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in which a party seeks recovery of damages for personal injury to or |
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the wrongful death of another person, "plaintiff" includes both |
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that other person and the party seeking such recovery. The term |
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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 who accepts an appointment as a personal |
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representative in a wrongful death action, in bad faith for |
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purposes of affecting in any way the application of this section; |
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(B) an intervenor, beneficiary, next friend, or |
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other derivative party to the plaintiff's claim; or |
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(C) a decedent's estate, if the decedent was not |
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a legal resident of this state at the time of death. |
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SECTION 2. This Act applies only to a suit commenced on or |
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after the effective date of this Act. A suit commenced before the |
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effective date of this Act is governed by the law applicable to the |
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suit immediately before the effective date of this Act, and that law |
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is continued in effect for 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. |