H.B. No. 755
AN ACT
relating to procedures relating to the doctrine of forum non
conveniens in a civil cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (b) and (f), Section 71.051, Civil
Practice and Remedies Code, are amended to read as follows:
(b) If a court of this state, on written motion of a party,
finds that in the interest of justice and for the convenience of the
parties a claim or action to which this section applies would be
more properly heard in a forum outside this state, the court shall
decline to exercise jurisdiction under the doctrine of forum non
conveniens and shall stay or dismiss the claim or action. In
determining whether to grant a motion to stay or dismiss an action
under the doctrine of forum non conveniens, the court shall [may]
consider whether:
(1) an alternate forum exists in which the claim or
action may be tried;
(2) the alternate forum provides an adequate remedy;
(3) maintenance of the claim or action in the courts of
this state would work a substantial injustice to the moving party;
(4) the alternate forum, as a result of the submission
of the parties or otherwise, can exercise jurisdiction over all the
defendants properly joined to the plaintiff's claim;
(5) the balance of the private interests of the
parties and the public interest of the state predominate in favor of
the claim or action being brought in an alternate forum, which shall
include consideration of the extent to which an injury or death
resulted from acts or omissions that occurred in this state; and
(6) the stay or dismissal would not result in
unreasonable duplication or proliferation of litigation.
(f) A court that grants a motion to stay or dismiss an action
under the doctrine of forum non conveniens shall set forth specific
findings of fact and conclusions of law [may not stay or dismiss a
claim or action pursuant to Subsection (b) if a party opposing the
motion under Subsection (b) alleges and makes a prima facie showing
that an act or omission that was a proximate or producing cause of
the injury or death occurred in this state. The prima facie showing
need not be made by a preponderance of the evidence and shall be
deemed to be satisfied if the party produces credible evidence in
support of the pleading, which evidence need not be in admissible
form and may include affidavits, deposition testimony, discovery
responses, or other verified evidence].
SECTION 2. This Act applies only to an action filed on or
after the effective date of this Act. An action filed before the
effective date of this Act, including an action filed before that
date in which a party is joined or designated after that date, is
governed by the law in effect immediately before the change in law
made by this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 755 was passed by the House on March
23, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 755 on May 17, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 755 was passed by the Senate, with
amendments, on May 10, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor