84R22180 AJA-F
By: Sheets H.B. No. 1692
Substitute the following for H.B. No. 1692:
By: Sheets C.S.H.B. No. 1692
A BILL TO BE ENTITLED
AN ACT
relating to the doctrine of forum non conveniens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 71.051(e) and (h), Civil Practice and
Remedies Code, are amended to read as follows:
(e) The court may not stay or dismiss a plaintiff's claim
under Subsection (b) if the plaintiff is a legal resident of this
state. The determination of whether a claim may be stayed or
dismissed under Subsection (b) shall be made with respect to each
plaintiff on an individual basis, without regard to whether the
claim of any other plaintiff may be stayed or dismissed under
Subsection (b) and without regard to a plaintiff's country of
citizenship or national origin. If an action involves both
plaintiffs who are legal residents of this state and plaintiffs who
are not, the court shall consider the factors provided by
Subsection (b) and determine whether to [may not] stay or dismiss
the claim of any plaintiff who is not a [action under Subsection (b)
if the plaintiffs who are] legal resident [residents] of this state
[are properly joined in the action and the action arose out of a
single occurrence. The court shall dismiss a claim under
Subsection (b) if the court finds by a preponderance of the evidence
that a party was joined solely for the purpose of obtaining or
maintaining jurisdiction in this state and the party's claim would
be more properly heard in a forum outside this state].
(h) For purposes of Subsection (e), "plaintiff" [In this
section:
[(1) "Legal resident" means an individual who intends
the specified political subdivision to be his permanent residence
and who intends to return to the specified political subdivision
despite temporary residence elsewhere or despite temporary
absences, without regard to the individual's country of citizenship
or national origin. The term does not include an individual who
adopts a residence in the specified political subdivision in bad
faith for purposes of avoiding the application of this section.
[(2) "Plaintiff"] means a party seeking recovery of
damages for personal injury or wrongful death. [In a cause of
action in which a party seeks recovery of damages for personal
injury to or the wrongful death of another person, "plaintiff"
includes both that other person and the party seeking such
recovery.] The term does not include:
(1) a counterclaimant, cross-claimant, or third-party
plaintiff or a person who is assigned a cause of action for personal
injury; or
(2) a representative, administrator, guardian, or
next friend [, or who accepts an appointment as a personal
representative in a wrongful death action, in bad faith for
purposes of affecting in any way the application of this section].
SECTION 2. The change in law made by this Act applies only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.