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  H.B. No. 1692
 
 
 
 
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 or a derivative claimant of a legal resident of this state.
  The determination of whether a claim may be stayed or dismissed
  under Subsection (b) shall be made with respect to each plaintiff
  without regard to whether the claim of any other plaintiff may be
  stayed or dismissed under Subsection (b) and without regard to a
  plaintiff's country of citizenship or national origin. If an
  action involves both plaintiffs who are legal residents of this
  state and plaintiffs who are not, the court shall consider the
  factors provided by Subsection (b) and determine whether to deny
  the motion or to [may not] stay or dismiss the claim of any
  plaintiff who is not a [action under Subsection (b) if the
  plaintiffs who are] legal resident [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)  For purposes of Subsection (e) [In this section]:
               (1)  "Derivative claimant" means a person whose damages
  were caused by personal injury to or the wrongful death of another
  ["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
                     (B)  a representative, administrator, guardian,
  or next friend who is not otherwise a derivative claimant of a legal
  resident of this state [, 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].
         SECTION 2.  The change in law made by this Act applies only
  to an action commenced on or after the effective date of this Act.
  An action commenced before the effective date of this Act is
  governed by the law applicable to the action 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1692 was passed by the House on May
  11, 2015, by the following vote:  Yeas 132, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1692 was passed by the Senate on May
  22, 2015, by the following vote:  Yeas 27, Nays 4.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor