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  84R22180 AJA-F
 
  By: Sheets H.B. No. 1692
 
  Substitute the following for H.B. No. 1692:
 
  By:  Sheets C.S.H.B. No. 1692
 
 
 
A BILL TO BE ENTITLED
 
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. The determination of whether a claim may be stayed or
  dismissed under Subsection (b) shall be made with respect to each
  plaintiff on an individual basis, 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 [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), "plaintiff" [In this
  section:
               [(1)     "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:
               (1)  a counterclaimant, cross-claimant, or third-party
  plaintiff or a person who is assigned a cause of action for personal
  injury; or
               (2)  a representative, administrator, guardian, or
  next friend [, 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.