By Uher H.B. No. 495
Substitute the following for H.B. No. 495:
By Danburg C.S.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 appoints a
1-12 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; <or>
1-15 (4) grants or refuses a temporary injunction or grants or
1-16 overrules a motion to dissolve a temporary injunction as provided
1-17 by Chapter 65;
1-18 (5) denies a motion for summary judgment that is based on an
1-19 assertion of immunity by an individual who is an officer or
1-20 employee of the state or a political subdivision of the state; or
1-21 (6) subject to Sec. 51.015, denies a motion for summary
1-22 judgment that is based on an assertion of immunity by a
1-23 municipality.
2-1 SECTION 2. The Civil Practice and Remedies Code is amended
2-2 by adding Section 51.015 to read as follows:
2-3 Sec. 51.015. LIMITATION OF CERTAIN APPEALS. An appeal may
2-4 be taken pursuant to Sec. 51.014(6) of this chapter, if:
2-5 (a) all defendants are municipalities or municipal officers
2-6 or employees;
2-7 (b) at the time the motion for summary judgment is heard, no
2-8 causes of action have been pled which involve allegations based on
2-9 42 U.S.C., Sec. 1983 et seq or proprietary functions of a
2-10 municipality set forth in Sec. 101.0215(b) of the Texas Civil
2-11 Practice & Remedies Code.
2-12 (c) the motion for summary judgment is filed not more than
2-13 30 days after the defendant's answer date.
2-14 SECTION 3. This Act applies to the denial of a motion for
2-15 summary judgment in a suit on or after the effective date of this
2-16 Act without regard to whether the suit was commenced before, on, or
2-17 after that date.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.