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Forum Non Conveniens (1995 Amendment)

eBook

• Senate Bill 400 (1995)
• Sec. 71.051, Civil Practice and Remedies Code
• PDF Format eBook (Fully searchable)
• Report: 21 pages
• Exhibits: 64 pages
• Fee: $65
• Download the eBook directly from the Capitol Research website

Hard Copy Report

• Senate Bill 400 (1995)
• Sec. 71.051, Civil Practice and Remedies Code
• PDF Format eBook (Fully searchable)
• Report: 21 pages
• Exhibits: 64 pages
• Fee: $95
• Shipping: $15

Abstract

The House Research Organization summed up the 1995 amendment to the forum non conveniens statute (§ 71.051, Civil Practice and Remedies Code) as follows:

Background

The doctrine of forum non conveniens allows civil courts to dismiss a lawsuit brought by a citizen of another state or country when the convenience of the parties and the ends of justice would be better served if the action were brought and tried in another court.

SB 2 by Montford, et al., enacted by the 73rd Legislature, reinstated the doctrine of forum non conveniens in Texas after that doctrine was held inapplicable by the Texas Supreme Court in a 1990 case, Dow Chemical v. Alfaro, 786 S.W.2d 674 (Tex. 1990). Under SB 2 a court is not allowed to dismiss or stay an action:

• if a claimant in the action is a properly joined resident of Texas;
• if the party opposing dismissal makes a prima facie showing that the act or omission that was the proximate cause occurred in Texas;
• if the action was brought under the federal Employers’ Liability Act, Safety Appliance Act, or Boiler Inspection Act;
• if the action is based on harm caused by asbestos; or
• if an action alleged personal injury or death that was caused by means of air transportation designed, manufactured, sold, maintained, inspected or repaired in Texas.

Digest

SB 400 would limit the exception for air transportation suits under forum non conveniens to personal injury or death actions in which the harm was caused by means of air transportation operated in Texas. Actions in which the air transportation was designed, manufactured, sold, maintained, inspected or repaired in Texas could be dismissed if there were a more convenient forum.

This bill would take effect on September 1, 1995, and apply to any cause of action filed after that effective date.
Sec. 71.051 was further amended in 1997.

Exhibits

1993
1. Act of March 4, 1993, 73rd Leg., R.S., ch. 4, 1993 Tex. Gen. Laws, 10

1995
2. Tex. S.B. 400, 74th Leg., R.S., Master Bill History Report (1993)
3. Tex. S.B. 400, As Introduced, 74th Leg., R.S. (1993)
4. Tex. S.B. 400, Senate Committee Report, 74th Leg., R.S. (1993)
5. Tex. S.B. 400, House Committee Report, 74th Leg., R.S. (1993)
6. CAPITOL RESEARCH SERVICES, Hearings on S.B. 400 Before the Senate Committee on Jurisprudence, 74th Leg. R.S. (February 14, 1995)
7. CAPITOL RESEARCH SERVICES, Hearings on S.B. 400 Before the Senate Committee on Jurisprudence, 74th Leg. R.S. (February 21, 1995)
8. CAPITOL RESEARCH SERVICES, Debate on S.B. 400 On the Floor of the Senate (Second and Third Readings), 74th Leg. R.S. (February 28, 1995)
9. CAPITOL RESEARCH SERVICES, Hearings on S.B. 400 Before the House Committee on Civil Practices, 74th Leg. R.S. (March 15, 1995)
10. CAPITOL RESEARCH SERVICES, Debate on S.B. 400 On the Floor of the House (Second Reading), 74th Leg. R.S. (May 22, 1995)
11. CAPITOL RESEARCH SERVICES, Debate on S.B. 400 On the Floor of the House (Third Reading), 74th Leg. R.S. (May 24, 1995)
12. S.J. of Tex., 74th Leg., R.S. 397 (1995)
13. HOUSE RESEARCH ORGANIZATION, S.B. 400 Bill Analysis (May 22, 1995)
14. H.J. of Tex., 74th Leg., R.S. 3180, 3449-3450 (1995)
15. Act of June 14, 1995, 74th Leg., R.S., ch. 567, 1995 Tex. Gen. Laws, 3363

1997
16. Act of May 29, 1997, 75th Leg., R.S., ch. 424, 1997 Tex. Gen. Laws, 1680
17. Texas Civil Practice & Remedies Code, § 71.051 (Vernon 1997 & Supp. 2003)