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.