Texas 2015 - 84th Regular

Texas House Bill HB1692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sheets (Senate Sponsor - Huffman) H.B. No. 1692
2		-	(In the Senate - Received from the House May 12, 2015;
3		-	May 12, 2015, read first time and referred to Committee on State
4		-	Affairs; May 19, 2015, reported favorably by the following vote:
5		-	Yeas 8, Nays 1; May 19, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1692
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the doctrine of forum non conveniens.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Sections 71.051(e) and (h), Civil Practice and
14	8		Remedies Code, are amended to read as follows:
15	9		(e) The court may not stay or dismiss a plaintiff's claim
16	10		under Subsection (b) if the plaintiff is a legal resident of this
17	11		state or a derivative claimant of a legal resident of this state.
18	12		The determination of whether a claim may be stayed or dismissed
19	13		under Subsection (b) shall be made with respect to each plaintiff
20	14		without regard to whether the claim of any other plaintiff may be
21	15		stayed or dismissed under Subsection (b) and without regard to a
22	16		plaintiff's country of citizenship or national origin. If an
23	17		action involves both plaintiffs who are legal residents of this
24	18		state and plaintiffs who are not, the court shall consider the
25	19		factors provided by Subsection (b) and determine whether to deny
26	20		the motion or to [may not] stay or dismiss the claim of any
27	21		plaintiff who is not a [action under Subsection (b) if the
28	22		plaintiffs who are] legal resident [residents] of this state [are
29	23		properly joined in the action and the action arose out of a single
30	24		occurrence. The court shall dismiss a claim under Subsection (b) if
31	25		the court finds by a preponderance of the evidence that a party was
32	26		joined solely for the purpose of obtaining or maintaining
33	27		jurisdiction in this state and the party's claim would be more
34	28		properly heard in a forum outside this state].
35	29		(h) For purposes of Subsection (e) [In this section]:
36	30		(1) "Derivative claimant" means a person whose damages
37	31		were caused by personal injury to or the wrongful death of another
38	32		["Legal resident" means an individual who intends the specified
39	33		political subdivision to be his permanent residence and who intends
40	34		to return to the specified political subdivision despite temporary
41	35		residence elsewhere or despite temporary absences, without regard
42	36		to the individual's country of citizenship or national origin. The
43	37		term does not include an individual who adopts a residence in the
44	38		specified political subdivision in bad faith for purposes of
45	39		avoiding the application of this section].
46	40		(2) "Plaintiff" means a party seeking recovery of
47	41		damages for personal injury or wrongful death. [In a cause of
48	42		action in which a party seeks recovery of damages for personal
49	43		injury to or the wrongful death of another person, "plaintiff"
50	44		includes both that other person and the party seeking such
51	45		recovery.] The term does not include:
52	46		(A) a counterclaimant, cross-claimant, or
53	47		third-party plaintiff or a person who is assigned a cause of action
54	48		for personal injury; or
55	49		(B) a representative, administrator, guardian,
56	50		or next friend who is not otherwise a derivative claimant of a legal
57	51		resident of this state [, or who accepts an appointment as a
58	52		personal representative in a wrongful death action, in bad faith
59	53		for purposes of affecting in any way the application of this
60	54		section].
61	55		SECTION 2. The change in law made by this Act applies only
62	56		to an action commenced on or after the effective date of this Act.
63	57		An action commenced before the effective date of this Act is
64	58		governed by the law applicable to the action immediately before the
65	59		effective date of this Act, and that law is continued in effect for
66	60		that purpose.
67	61		SECTION 3. This Act takes effect immediately if it receives
68	62		a vote of two-thirds of all the members elected to each house, as
69	63		provided by Section 39, Article III, Texas Constitution. If this
70	64		Act does not receive the vote necessary for immediate effect, this
71	65		Act takes effect September 1, 2015.
72		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 1692 was passed by the House on May
	69	+	11, 2015, by the following vote: Yeas 132, Nays 5, 1 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 1692 was passed by the Senate on May
	74	+	22, 2015, by the following vote: Yeas 27, Nays 4.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor