2015S0418-T 03/09/15
By: Huffman S.B. No. 1942
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.] In determining whether a case should be dismissed under
this subchapter, the plaintiff's choice of a forum in this state
shall be given substantial deference, provided that the plaintiff
is a legal resident of the state and the underlying litigation has a
significant connection to this state. [If an action involves both
plaintiffs who are legal residents of this state and plaintiffs who
are not, the court may not stay or dismiss the action under
Subsection (b) if the plaintiffs who are legal 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) In this section, "plaintiff"[:
(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:
(A) a counterclaimant, cross-claimant, or
third-party plaintiff or a person who is assigned a cause of action
for personal injury, 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;
(B) an intervenor, beneficiary, next friend, or
other derivative party to the plaintiff's claim; or
(C) a decedent's estate, if the decedent was not
a legal resident of this state at the time of death.
SECTION 2. This Act applies only to a suit commenced on or
after the effective date of this Act. A suit commenced before the
effective date of this Act is governed by the law applicable to the
suit 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.