By: Sheets (Senate Sponsor - Huffman) H.B. No. 1692
(In the Senate - Received from the House May 12, 2015;
May 12, 2015, read first time and referred to Committee on State
Affairs; May 19, 2015, reported favorably by the following vote:
Yeas 8, Nays 1; May 19, 2015, sent to printer.)
Click here to see the committee vote
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 or a derivative claimant of 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
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 deny
the motion or 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) [In this section]:
(1) "Derivative claimant" means a person whose damages
were caused by personal injury to or the wrongful death of another
["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:
(A) a counterclaimant, cross-claimant, or
third-party plaintiff or a person who is assigned a cause of action
for personal injury; or
(B) a representative, administrator, guardian,
or next friend who is not otherwise a derivative claimant of a legal
resident of this state [, 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.
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