Bill Text: TX SB1942 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the doctrine of forum non conveniens.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-25 - Referred to State Affairs [SB1942 Detail]
Download: Texas-2015-SB1942-Introduced.html
2015S0418-T 03/09/15 | ||
By: Huffman | S.B. No. 1942 |
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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) [ |
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this subchapter, the plaintiff's choice of a forum in this state | ||
shall be given substantial deference, provided that the plaintiff | ||
is a legal resident of the state and the underlying litigation has a | ||
significant connection to this state. [ |
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(h) In this section, "plaintiff"[ |
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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 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; | ||
(B) an intervenor, beneficiary, next friend, or | ||
other derivative party to the plaintiff's claim; or | ||
(C) a decedent's estate, if the decedent was not | ||
a legal resident of this state at the time of death. | ||
SECTION 2. This Act applies only to a suit commenced on or | ||
after the effective date of this Act. A suit commenced before the | ||
effective date of this Act is governed by the law applicable to the | ||
suit 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. |