By Uher                                                H.B. No. 495
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the interlocutory appeal by the state or a political
    1-3  subdivision of the state of certain orders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 51.014, Civil Practice and Remedies Code,
    1-6  is amended to read as follows:
    1-7        Sec. 51.014.  APPEAL FROM INTERLOCUTORY ORDER.  A person or
    1-8  entity may appeal from an interlocutory order of a district court,
    1-9  county court at law, or county court that:
   1-10              (1)  appoints a receiver or trustee;
   1-11              (2)  overrules a motion to vacate an order that
   1-12  appoints a receiver or trustee;
   1-13              (3)  certifies or refuses to certify a class in a suit
   1-14  brought under Rule 42 of the Texas Rules of Civil Procedure;
   1-15              (4)  grants or refuses a temporary injunction or grants
   1-16  or overrules a motion to dissolve a temporary injunction as
   1-17  provided by Chapter 65; <or>
   1-18              (5)  denies a motion for summary judgment that is based
   1-19  on an assertion of immunity by an individual who is an officer or
   1-20  employee of the state or a political subdivision of the state;
   1-21              (6)  subject to Section 51.015, denies a motion for
   1-22  summary judgment that is based on an assertion of immunity by a
   1-23  municipality; or
    2-1              (7)  denies a motion for summary judgment that is based
    2-2  on an assertion of immunity by the state, a county, or a school
    2-3  district.
    2-4        SECTION 2.  Subchapter B, Chapter 51, Civil Practice and
    2-5  Remedies Code, is amended by adding Section 51.015 to read as
    2-6  follows:
    2-7        Sec. 51.015.  LIMITATION OF CERTAIN APPEALS.  An appeal may
    2-8  be taken pursuant to Section 51.014(6) if:
    2-9              (1)  all defendants are municipalities or municipal
   2-10  officers or employees;
   2-11              (2)  at the time the motion for summary judgment is
   2-12  heard, no causes of action have been pled that involve allegations
   2-13  based on 42 U.S.C.  Section 1983 et seq., or proprietary functions
   2-14  of a municipality set forth in Section 101.0215(b); and
   2-15              (3)  the motion for summary judgment is filed not more
   2-16  than 30 days after the defendant's answer date.
   2-17        SECTION 3.  This Act applies to the denial of a motion for
   2-18  summary judgment in a suit on or after the effective date of this
   2-19  Act without regard to whether the suit was commenced before, on, or
   2-20  after that date.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.