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.