| 1 | 1 | | 2015S0418-T 03/09/15 |
|---|
| 2 | 2 | | By: Huffman S.B. No. 1942 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the doctrine of forum non conveniens. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Sections 71.051(e) and (h), Civil Practice and |
|---|
| 10 | 10 | | Remedies Code, are amended to read as follows: |
|---|
| 11 | 11 | | (e) [The court may not stay or dismiss a plaintiff's claim |
|---|
| 12 | 12 | | under Subsection (b) if the plaintiff is a legal resident of this |
|---|
| 13 | 13 | | state.] In determining whether a case should be dismissed under |
|---|
| 14 | 14 | | this subchapter, the plaintiff's choice of a forum in this state |
|---|
| 15 | 15 | | shall be given substantial deference, provided that the plaintiff |
|---|
| 16 | 16 | | is a legal resident of the state and the underlying litigation has a |
|---|
| 17 | 17 | | significant connection to this state. [If an action involves both |
|---|
| 18 | 18 | | plaintiffs who are legal residents of this state and plaintiffs who |
|---|
| 19 | 19 | | are not, the court may not stay or dismiss the action under |
|---|
| 20 | 20 | | Subsection (b) if the plaintiffs who are legal residents of this |
|---|
| 21 | 21 | | state are properly joined in the action and the action arose out of |
|---|
| 22 | 22 | | a single occurrence. The court shall dismiss a claim under |
|---|
| 23 | 23 | | Subsection (b) if the court finds by a preponderance of the evidence |
|---|
| 24 | 24 | | that a party was joined solely for the purpose of obtaining or |
|---|
| 25 | 25 | | maintaining jurisdiction in this state and the party's claim would |
|---|
| 26 | 26 | | be more properly heard in a forum outside this state.] |
|---|
| 27 | 27 | | (h) In this section, "plaintiff"[: |
|---|
| 28 | 28 | | (1) "Legal resident" means an individual who intends |
|---|
| 29 | 29 | | the specified political subdivision to be his permanent residence |
|---|
| 30 | 30 | | and who intends to return to the specified political subdivision |
|---|
| 31 | 31 | | despite temporary residence elsewhere or despite temporary |
|---|
| 32 | 32 | | absences, without regard to the individual's country of citizenship |
|---|
| 33 | 33 | | or national origin. The term does not include an individual who |
|---|
| 34 | 34 | | adopts a residence in the specified political subdivision in bad |
|---|
| 35 | 35 | | faith for purposes of avoiding the application of this section. |
|---|
| 36 | 36 | | (2) "Plaintiff"] means a party seeking recovery of |
|---|
| 37 | 37 | | damages for personal injury or wrongful death. In a cause of action |
|---|
| 38 | 38 | | in which a party seeks recovery of damages for personal injury to or |
|---|
| 39 | 39 | | the wrongful death of another person, "plaintiff" includes both |
|---|
| 40 | 40 | | that other person and the party seeking such recovery. The term |
|---|
| 41 | 41 | | does not include: |
|---|
| 42 | 42 | | (A) a counterclaimant, cross-claimant, or |
|---|
| 43 | 43 | | third-party plaintiff or a person who is assigned a cause of action |
|---|
| 44 | 44 | | for personal injury, or who accepts an appointment as a personal |
|---|
| 45 | 45 | | representative in a wrongful death action, in bad faith for |
|---|
| 46 | 46 | | purposes of affecting in any way the application of this section; |
|---|
| 47 | 47 | | (B) an intervenor, beneficiary, next friend, or |
|---|
| 48 | 48 | | other derivative party to the plaintiff's claim; or |
|---|
| 49 | 49 | | (C) a decedent's estate, if the decedent was not |
|---|
| 50 | 50 | | a legal resident of this state at the time of death. |
|---|
| 51 | 51 | | SECTION 2. This Act applies only to a suit commenced on or |
|---|
| 52 | 52 | | after the effective date of this Act. A suit commenced before the |
|---|
| 53 | 53 | | effective date of this Act is governed by the law applicable to the |
|---|
| 54 | 54 | | suit immediately before the effective date of this Act, and that law |
|---|
| 55 | 55 | | is continued in effect for that purpose. |
|---|
| 56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 60 | 60 | | Act takes effect September 1, 2015. |
|---|