AN ACT

 1-1     relating to lawsuits arising outside or brought by persons who

 1-2     reside outside of Texas.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 71.051, Civil Practice and Remedies Code,

 1-5     is amended to read as follows:

 1-6           Sec. 71.051.  FORUM NON CONVENIENS.  (a)  With respect to a

 1-7     plaintiff [claimant] who is not a legal resident of the United

 1-8     States, if a court of this state, on written motion of a party,

 1-9     finds that in the interest of justice a claim or [an] action to

1-10     which this section applies would be more properly heard in a forum

1-11     outside this state, the court may decline to exercise jurisdiction

1-12     under the doctrine of forum non conveniens and may stay or dismiss

1-13     the claim or action in whole or in part on any conditions that may

1-14     be just.

1-15           (b)  With respect to a plaintiff [claimant] who is a legal

1-16     resident of the United States, on written motion of a party, a

1-17     claim or [an] action to which this section applies may be stayed or

1-18     dismissed in whole or in part under the doctrine of forum non

1-19     conveniens if the party seeking to stay or dismiss the claim or

1-20     action proves by a preponderance of the evidence that:

1-21                 (1)  an alternative forum exists in which the claim or

1-22     action may be tried [a forum outside this state is a more

1-23     appropriate forum that:]

 2-1                       [(A)  offers a remedy for the causes of action

 2-2     brought by a party to which this section applies;]

 2-3                       [(B)  as a result of the submission of the

 2-4     parties or otherwise, can exercise jurisdiction over all parties

 2-5     and claims properly joined in the action by the claimant; and]

 2-6                       [(C)  would provide a place of trial that is

 2-7     fair, reasonable, and convenient to the parties];

 2-8                 (2)  the alternate forum provides an adequate remedy;

 2-9                 (3)  maintenance of the claim or action in the courts

2-10     of this state would work a substantial injustice to the moving

2-11     party [and the balance of the private interests of all the parties

2-12     and the public interest of the state predominates in favor of the

2-13     action being brought in the other forum];

2-14                 (4)  the alternate forum, as a result of the submission

2-15     of the parties or otherwise, can exercise jurisdiction over all the

2-16     defendants properly joined to the plaintiff's claim;

2-17                 (5)  the balance of the private interests of the

2-18     parties and the public interest of the state predominate in favor

2-19     of the claim or action being brought in an alternate forum; and

2-20                 (6) [(3)]  the stay or dismissal would not[, in

2-21     reasonable probability,] result in unreasonable duplication or

2-22     proliferation of litigation.

2-23           (c)  The court may set terms and conditions for staying or

2-24     dismissing a claim or action under this section as the interests of

2-25     justice may require, giving due regard to the rights of the parties

 3-1     to the claim or action.  If a moving party violates a term or

 3-2     condition of a stay or dismissal, the court shall withdraw the

 3-3     order staying or dismissing the claim or action and proceed as if

 3-4     the order had never been issued.  Notwithstanding any other law,

 3-5     the court shall have continuing jurisdiction for purposes of this

 3-6     subsection [No stay or dismissal shall be granted under Subsection

 3-7     (b) until all properly joined defendants file with the clerk of the

 3-8     court a written stipulation that each defendant will:]

 3-9                 [(1)  submit to the personal jurisdiction of the courts

3-10     of the other forum; and]

3-11                 [(2)  waive any defense based on the statute of

3-12     limitations applicable in the other forum with respect to all

3-13     causes of action brought by a party to which this section applies].

3-14           (d)  [The court may, on motion and notice to the parties,

3-15     modify an order granting a stay or dismissal under this section and

3-16     take any further action in the proceeding as the interests of

3-17     justice may require.  If the moving party violates a stipulation

3-18     required by Subsection (c), the court shall withdraw the order

3-19     staying or dismissing the action and proceed as if the order had

3-20     never been issued.  Notwithstanding any other law, the court shall

3-21     have continuing jurisdiction for the purposes of this subsection.]

3-22           [(e)]  A request for stay or dismissal under this section is

3-23     timely if it is filed not later than 180 days after the time

3-24     required for filing a motion to transfer venue of the claim or

3-25     action.  [Otherwise, any objection under this section to the

 4-1     court's exercise of jurisdiction is waived.]  The court may rule on

 4-2     a motion filed under this section only after a hearing with notice

 4-3     to all parties not less than 21 days before the date specified for

 4-4     the hearing.  The court shall afford all of the parties ample

 4-5     opportunity to obtain discovery of information relevant to the

 4-6     motion prior to a hearing on a motion under this section.  The

 4-7     moving party shall have the responsibility to request and obtain a

 4-8     hearing on such motion at a reasonable time prior to commencement

 4-9     of the trial, and in no case shall the hearing be held less than 30

4-10     days prior to trial.

4-11           (e)  The court may not stay or dismiss a plaintiff's claim

4-12     under Subsection (b) if the plaintiff is a legal resident of this

4-13     state.  If an action involves both plaintiffs who are legal

4-14     residents of this state and plaintiffs who are not, the court may

4-15     not stay or dismiss the action under Subsection (b) if the

4-16     plaintiffs who are legal residents of this state are properly

4-17     joined in the action and the action arose out of a single

4-18     occurrence.  The court shall dismiss a claim under Subsection (b)

4-19     if the court finds by a preponderance of the evidence that a party

4-20     was joined solely for the purpose of obtaining or maintaining

4-21     jurisdiction in this state and the party's claim would be more

4-22     properly heard in a forum outside this state.

4-23           (f)  A court may not stay or dismiss a claim or [an] action

4-24     pursuant to Subsection (b)[:]

4-25                 [(1)  if a claimant in the action who is properly

 5-1     joined is a legal resident of this state;]

 5-2                 [(2)]  if a party opposing the motion under Subsection

 5-3     (b) alleges and makes a prima facie showing that an act or omission

 5-4     that was a proximate or producing cause of the injury or death

 5-5     occurred in this state.  The [Notwithstanding Subsection (h), said]

 5-6     prima facie showing need not be made by a preponderance of the

 5-7     evidence and shall be deemed to be satisfied if the [said] party

 5-8     produces credible evidence in support of the pleading, which

 5-9     evidence need not be in admissible form and may include affidavits,

5-10     deposition testimony, discovery responses, or other verified

5-11     evidence[;]

5-12                 [(3)  in an action brought under the federal Employers'

5-13     Liability Act (45 U.S.C. Section 51 et seq.), the federal Safety

5-14     Appliance Act (45 U.S.C. Section 1 et seq.), or the federal Boiler

5-15     Inspection Act (45 U.S.C. Section 22 et seq.);]

5-16                 [(4)  in an action in which it is alleged that the

5-17     personal injury or death was caused by a means of air

5-18     transportation operated in this state or occurred while traveling

5-19     in or on a means of air transportation during a trip originating

5-20     from or destined for a location in this state; or]

5-21                 [(5)  in an action in which it is alleged that harm was

5-22     caused by exposure to asbestos fibers].

5-23           (g)  [This section does not apply if the personal injury or

5-24     death that is the subject of the cause of action resulted from a

5-25     violation of the laws of this state or of the United States,

 6-1     including but not limited to exposure to a substance referred to in

 6-2     Section 33.013(c)(3) that was transported out of this state or the

 6-3     United States in violation of the laws of this state or the United

 6-4     States.]

 6-5           [(h)  The burden is on the party opposing a motion under

 6-6     Subsection (b) to assert and prove by a preponderance of the

 6-7     evidence an exception provided by Subsection (f), if applicable.

 6-8     If a party opposing a motion under Subsection (b) fails to timely

 6-9     raise an exception under Subsection (f), that party's right to

6-10     raise such exception is waived, but such waiver does not relieve

6-11     the moving party as to any requirement of this section.  An

6-12     exception filed not less than seven days before the hearing on a

6-13     motion made under Subsection (b) shall be deemed to be timely.]

6-14           [(i)]  Any time limit established by this section may be

6-15     extended by the court at the request of any party for good cause

6-16     shown.

6-17           (h) [(j)]  In this section:

6-18                 (1)  "Legal resident" means an individual [a person]

6-19     who intends the specified political subdivision to be his permanent

6-20     residence and who intends to return to the specified political

6-21     subdivision despite temporary residence elsewhere or despite

6-22     temporary absences, without regard to the individual's [person's]

6-23     country of citizenship or national origin.  The term does not

6-24     include an individual [a person] who adopts a residence in the

6-25     specified political subdivision in bad faith for purposes of

 7-1     avoiding the application of this section.

 7-2                 (2)  "Plaintiff" ["Claimant"] means a party[, including

 7-3     a plaintiff, counterclaimant, cross-claimant, or third-party

 7-4     plaintiff,] seeking recovery of damages for personal injury or

 7-5     wrongful death.  In a cause of action in which a party seeks

 7-6     recovery of damages for personal injury to or the wrongful death of

 7-7     another person, "plaintiff" ["claimant"] includes both that other

 7-8     person and the party seeking such recovery.  The term does not

 7-9     include a counterclaimant, cross-claimant, or third-party plaintiff

7-10     or a person who is assigned a cause of action for personal injury,

7-11     or who accepts an appointment as a personal representative in a

7-12     wrongful death action, in bad faith for purposes of affecting in

7-13     any way the application of this section.

7-14           (i) [(k)]  This section applies to actions for personal

7-15     injury or wrongful death.  This section shall govern the courts of

7-16     this state in determining issues under the doctrine of forum non

7-17     conveniens in the actions to which it applies, notwithstanding

7-18     Section 71.031(a) or any other law.

7-19           SECTION 2.  Subchapter D, Chapter 71, Civil Practice and

7-20     Remedies Code, is amended by adding Section 71.052 to read as

7-21     follows:

7-22           Sec. 71.052.  JURISDICTION; ELECTION; STIPULATIONS.

7-23     (a)  This section applies only to a claim for personal injury or

7-24     wrongful death in which:

7-25                 (1)  the plaintiff was not a resident of this state at

 8-1     the time the claim arose;

 8-2                 (2)  the plaintiff's claim arose outside this state;

 8-3     and

 8-4                 (3)  the plaintiff's claim alleges that harm was caused

 8-5     by exposure to asbestos fibers.

 8-6           (b)  The court, on motion of a defendant, shall dismiss each

 8-7     claim against the defendant that is subject to this section and was

 8-8     filed in this state on or after January 1, 1997, on the filing of a

 8-9     stipulation by the defendant that, for the purposes of limitations,

8-10     the filing of the claim in another forum would relate back to the

8-11     date each plaintiff filed his claim in this state.

8-12           (c)  The court, on motion of a defendant, shall dismiss each

8-13     claim against the defendant that is subject to this section and was

8-14     commenced in this state on or after August 1, 1995, but before

8-15     January 1, 1997, unless the plaintiff files a written statement

8-16     electing to:

8-17                 (1)  abate the plaintiff's claim against the defendant

8-18     for a period of 180 days from the date the court disposes of the

8-19     defendant's motion, to afford the plaintiff an opportunity to file

8-20     a new action on the claims in another state of the United States;

8-21     or

8-22                 (2)  retain the plaintiff's claims against the

8-23     defendant in this state and limit the plaintiff's recovery on the

8-24     claims for exemplary damages, if any, against the defendant to an

8-25     amount not to exceed the greater of:

 9-1                       (A)  two times the amount of economic damages

 9-2     plus an amount equal to any noneconomic damages found by the trier

 9-3     of fact, not to exceed $750,000; or

 9-4                       (B)  $200,000.

 9-5           (d)  If a plaintiff files a written statement making an

 9-6     election under Subsection (c), the court shall deny the defendant's

 9-7     motion filed under Subsection (c) and shall enter an order in

 9-8     accordance with the plaintiff's election.  If the plaintiff makes

 9-9     an election under Subsection (c), the election is effective as to

9-10     all defendants and the court may not require the plaintiff to

9-11     refile the election against any subsequent motion filed by a

9-12     defendant under Subsection (c).  If a plaintiff elects to abate the

9-13     claim, the court shall dismiss each of the plaintiff's claims

9-14     against the defendants at the end of the abatement period.

9-15           (e)  A court may not abate or dismiss a claim under

9-16     Subsection (c) against a defendant until the defendant files with

9-17     the court or with the clerk of the court a written stipulation

9-18     that, with respect to a new action on the claim commenced by the

9-19     plaintiff, the defendant waives the right to assert a statute of

9-20     limitations defense in all other states of the United States in

9-21     which the claim was not barred by limitations at the time the claim

9-22     was filed in this state as necessary to effect a tolling of the

9-23     limitations periods in those states beginning on the date the claim

9-24     was filed in this state and ending on the date the claim is

9-25     dismissed or the period of abatement ends.

 10-1          (f)  The court may not abate or dismiss a claim under this

 10-2    section against a defendant until the defendant files with the

 10-3    court or with the clerk of the court a written stipulation that,

 10-4    with respect to a new action on the claim commenced by the

 10-5    plaintiff in another state of the United States, the plaintiff may

 10-6    elect that the plaintiff and the defendant may:

 10-7                (1)  rely on responses to discovery already provided

 10-8    under the Texas Rules of Civil Procedure, plus any additional

 10-9    discovery that may be conducted under the rules of civil procedure

10-10    in the other state; or

10-11                (2)  use responses to discovery already provided and

10-12    conduct additional discovery as permitted under the rules of civil

10-13    procedure in the other state.

10-14          (g)  To comply with this section in relation to an action

10-15    that involves both claims that arose in this state and claims that

10-16    arose outside this state, a court shall consider each claim

10-17    individually and shall sever from the action the claims that are

10-18    subject to this section.

10-19          (h)  A court shall determine that a claim arose in the

10-20    jurisdiction in which the plaintiff was located at the time the

10-21    plaintiff is alleged to have been exposed to asbestos fibers.  If a

10-22    plaintiff alleges that the plaintiff was exposed to asbestos fibers

10-23    while located in more than one jurisdiction, the court shall

10-24    determine, for purposes of this section, which of the jurisdictions

10-25    is the most appropriate forum for the claim, considering the

 11-1    relative amounts and lengths of the plaintiff's exposure to

 11-2    asbestos fibers in each of the jurisdictions.

 11-3          SECTION 3.  Subsections (a) and (b), Section 71.031, Civil

 11-4    Practice and Remedies Code, are amended to read as follows:

 11-5          (a)  An action for damages for the death or personal injury

 11-6    of a citizen of this state, of the United States, or of a foreign

 11-7    country may be enforced in the courts of this state, although the

 11-8    wrongful act, neglect, or default causing the death or injury takes

 11-9    place in a foreign state or country, if:

11-10                (1)  a law of the foreign state or country or of this

11-11    state gives a right to maintain an action for damages for the death

11-12    or injury;

11-13                (2)  the action is begun in this state within the time

11-14    provided by the laws of this state for beginning the action; [and]

11-15                (3)  for a resident of a foreign state or country, the

11-16    action is begun in this state within the time provided by the laws

11-17    of the foreign state or country in which the wrongful act, neglect,

11-18    or default took place; and

11-19                (4)  in the case of a citizen of a foreign country, the

11-20    country has equal treaty rights with the United States on behalf of

11-21    its citizens.

11-22          (b)  Except as provided by Subsection (a), all [All] matters

11-23    pertaining to procedure in the prosecution or maintenance of the

11-24    action in the courts of this state are governed by the law of this

11-25    state.

 12-1          SECTION 4.  (a)  Section 1 of this Act applies to:

 12-2                (1)  a civil action commenced on or after January 1,

 12-3    1999, that is:

 12-4                      (A)  an action against a railroad company brought

 12-5    under the federal Employers' Liability Act (45 U.S.C. Section 51 et

 12-6    seq.), the federal Safety Appliance Act (45 U.S.C. Section 1 et

 12-7    seq.), or the federal Boiler Inspection Act (45 U.S.C. Section 22

 12-8    et seq.); or

 12-9                      (B)  an action in which it is alleged that the

12-10    personal injury or death was caused by a means of air

12-11    transportation operated in this state or occurred while traveling

12-12    in or on a means of air transportation during a trip originating

12-13    from or destined for a location in this state; and

12-14                (2)  a civil action commenced on or after the effective

12-15    date of this Act, other than an action described in Subdivision (1)

12-16    of this section.

12-17          (b)  Section 2 of this Act applies to a civil action that is

12-18    pending on the effective date of this Act in which the plaintiff

12-19    alleges that harm was caused by exposure to asbestos fibers.  In an

12-20    action commenced before the effective date of this Act, a trial of

12-21    a plaintiff's action that was completed before that date, or that

12-22    is in progress on that date, and a subsequent new trial or retrial

12-23    of that plaintiff's action are governed with respect to the subject

12-24    matter of Section 2 of this Act by the applicable law in effect

12-25    immediately before that date, and that law is continued in effect

 13-1    for that purpose.

 13-2          (c)  Section 3 of this Act applies to a civil action

 13-3    commenced on or after the effective date of this Act.  A civil

 13-4    action commenced before the effective date of this Act is governed

 13-5    by the applicable law in effect immediately before that date as to

 13-6    all parties joined in that action before that date and as to other

 13-7    defendants properly joined after the effective date who could not

 13-8    have been joined in the action before the effective date because of

 13-9    the existence of an injunction prohibiting such joinder, and that

13-10    law is continued in effect for that purpose.

13-11          SECTION 5.  The importance of this legislation and the

13-12    crowded condition of the calendars in both houses create an

13-13    emergency and an imperative public necessity that the

13-14    constitutional rule requiring bills to be read on three several

13-15    days in each house be suspended, and this rule is hereby suspended,

13-16    and that this Act take effect and be in force from and after its

13-17    passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 220 passed the Senate on

         March 18, 1997, by the following vote:  Yeas 27, Nays 4; and that

         the Senate concurred in House amendments on May 27, 1997, by the

         following vote:  Yeas 28, Nays 3.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 220 passed the House, with

         amendments, on May 24, 1997, by the following vote:  Yeas 128,

         Nays 5, three present not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor