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A BILL TO BE ENTITLED
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AN ACT
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relating to the doctrine of forum non conveniens. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 71.051(e) and (h), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(e) The court may not stay or dismiss a plaintiff's claim |
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under Subsection (b) if the plaintiff is a legal resident of this |
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state. The determination of whether a claim may be stayed or |
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dismissed under Subsection (b) shall be made with respect to each |
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plaintiff on an individual basis, without regard to whether the |
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claim of any other plaintiff may be stayed or dismissed under |
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Subsection (b) and without regard to a plaintiff's country of |
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citizenship or national origin. If an action involves both |
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plaintiffs who are legal residents of this state and plaintiffs who |
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are not, the court shall consider the factors provided by |
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Subsection (b) and determine whether to [may not] stay or dismiss |
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the claim of any plaintiff who is not a [action under Subsection (b)
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if the plaintiffs who are] legal resident [residents] of this state |
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[are properly joined in the action and the action arose out of a
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single occurrence. The court shall dismiss a claim under
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Subsection (b) if the court finds by a preponderance of the evidence
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that a party was joined solely for the purpose of obtaining or
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maintaining jurisdiction in this state and the party's claim would
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be more properly heard in a forum outside this state]. |
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(h) For purposes of Subsection (e), "plaintiff" [In this
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section:
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[(1)
"Legal resident" means an individual who intends
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the specified political subdivision to be his permanent residence
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and who intends to return to the specified political subdivision
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despite temporary residence elsewhere or despite temporary
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absences, without regard to the individual's country of citizenship
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or national origin. The term does not include an individual who
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adopts a residence in the specified political subdivision in bad
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faith for purposes of avoiding the application of this section.
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[(2) "Plaintiff"] means a party seeking recovery of |
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damages for personal injury or wrongful death. [In a cause of
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action in which a party seeks recovery of damages for personal
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injury to or the wrongful death of another person, "plaintiff"
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includes both that other person and the party seeking such
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recovery.] The term does not include: |
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(1) a counterclaimant, cross-claimant, or third-party |
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plaintiff or a person who is assigned a cause of action for personal |
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injury; or |
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(2) a representative, administrator, guardian, or |
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next friend [, or who accepts an appointment as a personal
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representative in a wrongful death action, in bad faith for
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purposes of affecting in any way the application of this section]. |
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SECTION 2. The change in law made by this Act applies only |
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to an action commenced on or after the effective date of this Act. |
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An action commenced before the effective date of this Act is |
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governed by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |