§ 71.031.Act or Omission Out of State

The provision opening Texas courts to injuries that happened elsewhere.

An action for the death or personal injury of a citizen of this state, of the United States, or of a foreign country may be enforced in Texas courts although the wrongful act, neglect, or default takes place in a foreign state or country — if four conditions are met.

(1) a law of the foreign jurisdiction or of this state gives a right to maintain the action; (2) the action is begun in Texas within the time provided by Texas law; (3) for a resident of a foreign jurisdiction, the action is begun within the time provided by the law of the place where the act occurred; and (4) for a citizen of a foreign country, that country has equal treaty rights with the United States on behalf of its citizens.

The two limitations conditions operate together for a foreign resident, who must satisfy both the Texas period and the period where the conduct occurred — whichever expires first is the effective deadline.

The fourth condition is a reciprocity requirement, and it turns on treaty relations rather than on the individual claimant.

Subsection (b): except as provided, all matters pertaining to procedure are governed by the law of this state. Subsection (c): the court shall apply the rules of substantive law that are appropriate under the facts of the case — an ordinary choice of law inquiry, which may point to another jurisdiction's law.

The forum non conveniens section then governs whether a Texas court will keep such a case, and it says so expressly notwithstanding this section.