Texas Civil Practice and Remedies Code
Sec. § 71.031
Act or Omission out of State


(a)

An action for damages 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 the courts of this state, although the wrongful act, neglect, or default causing the death or injury takes place in a foreign state or country, if:

(1)

a law of the foreign state or country or of this state gives a right to maintain an action for damages for the death or injury;

(2)

the action is begun in this state within the time provided by the laws of this state for beginning the action;

(3)

for a resident of a foreign state or country, the action is begun in this state within the time provided by the laws of the foreign state or country in which the wrongful act, neglect, or default took place; and

(4)

in the case of a citizen of a foreign country, the country has equal treaty rights with the United States on behalf of its citizens.

(b)

Except as provided by Subsection (a), all matters pertaining to procedure in the prosecution or maintenance of the action in the courts of this state are governed by the law of this state.

(c)

The court shall apply the rules of substantive law that are appropriate under the facts of the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 424, Sec. 3, eff. May 29, 1997.
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Jul. 15, 2020