Honorable Joan Huffman, Chair, Senate Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1692 by Sheets (Relating to the doctrine of forum non conveniens.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practices and Remedies Code relating to actions for wrongful death and personal injury occurring out of state. The bill would expand the types of claims that can not be stayed or dismissed to include derivative claims from a legal resident of this state. The bill would amend requirements that authorize a court to decline to exercise jurisdiction under the doctrine of forum non conveniens if it finds an action would be more properly heard in another state. In addition, the bill would add that, in determining whether a claim should be stayed or dismissed, the determination should be made with respect to each plaintiff on an individual basis and without regard to a plaintiff's country of citizenship or national origin. The bill would clarify factors a court should consider in determining whether to stay or dismiss the claim of a plaintiff who is not a legal resident of this state. Finally, the bill would amend the definition of plaintiff to delete the definition of legal resident as a component would be clarified to exclude a representative, administrator, guardian, or next friend who is not otherwise a derivative claimant of a legal resident of this state.
Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council