By: Turner, et al. S.B. No. 76
A BILL TO BE ENTITLED
AN ACT
1-1 relating to appeals of certain interlocutory orders and judgments
1-2 upholding those orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 51, Civil Practice and Remedies Code, is
1-5 amended by amending Section 51.014 and by adding Section 51.015 to
1-6 read as follows:
1-7 Sec. 51.014. Appeal From Interlocutory Order. A person may
1-8 appeal from an interlocutory order of a district court, county
1-9 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; or
1-21 (6) denies a motion for summary judgment that is based
1-22 in whole or in part upon a claim against or defense by a member of
1-23 the electronic or print media, acting in such capacity, or a person
1-24 whose communication appears in or is published by the electronic or
2-1 print media, arising under the free speech or free press clause of
2-2 the First Amendment to the United States Constitution, or Article
2-3 1, Section 8, of the Texas Constitution, or Chapter 73.
2-4 Sec. 51.015. COSTS OF APPEAL. In the case of an appeal
2-5 brought pursuant to Section 51.014(6), each party shall be liable
2-6 for and taxed its own costs of the appeal.
2-7 SECTION 2. Section 22.225, Government Code, is amended by
2-8 amending Subsection (b) and adding Subsection (d) to read as
2-9 follows:
2-10 (b) Except as provided by Subsection (c) or (d), a judgment
2-11 of a court of appeals is conclusive on the law and facts, and a
2-12 writ of error is not allowed from the supreme court, in the
2-13 following civil cases:
2-14 (1) a case appealed from a county court or from a
2-15 district court when, under the constitution, a county court would
2-16 have had original or appellate jurisdiction of the case, with the
2-17 exception of a probate matter or a case involving state revenue
2-18 laws or the validity or construction of a statute;
2-19 (2) <a case of slander;>
2-20 <(3)> a case of a contested election other than a
2-21 contested election for a state officer, with the exception of a
2-22 case where the validity of a statute is questioned by the decision;
2-23 (3) <(4)> an appeal from an interlocutory order
2-24 appointing a receiver or trustee or from other interlocutory
2-25 appeals that are allowed by law;
2-26 (4) <(5)> an appeal from an order or judgment in a
2-27 suit in which a temporary injunction has been granted or refused or
3-1 when a motion to dissolve has been granted or overruled; and
3-2 (5) <(6)> all other cases except the cases where
3-3 appellate jurisdiction is given to the supreme court and is not
3-4 made final in the courts of appeals.
3-5 (d) A writ of error is allowed from the supreme court for an
3-6 appeal from an interlocutory order described by Section 51.014(6),
3-7 Civil Practice and Remedies Code.
3-8 SECTION 3. (a) This Act takes effect September 1, 1993.
3-9 (b) This Act applies only to the appeal of an interlocutory
3-10 order from a court if the order was rendered on or after the
3-11 effective date of this Act. An interlocutory order rendered before
3-12 the effective date of this Act is governed by the law in effect at
3-13 the time the order was rendered, and that law is continued in
3-14 effect for that purpose.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.