By:  Turner                                             S.B. No. 76
       73R2225 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to appeals of certain interlocutory orders and judgments
    1-3  upholding those 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 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  on a claim, or defense to a claim, for defamation, libel, or
   1-23  slander, or a claim, or a defense to a claim, arising from a
   1-24  broadcast or written publication.
    2-1        SECTION 2.  Section 22.225, Government Code, is amended by
    2-2  amending Subsection (b) and adding Subsection (d) to read as
    2-3  follows:
    2-4        (b)  Except as provided by Subsection (c) or (d), a judgment
    2-5  of a court of appeals is conclusive on the law and facts, and a
    2-6  writ of error is not allowed from the supreme court, in the
    2-7  following civil cases:
    2-8              (1)  a case appealed from a county court or from a
    2-9  district court when, under the constitution, a county court would
   2-10  have had original or appellate jurisdiction of the case, with the
   2-11  exception of a probate matter or a case involving state revenue
   2-12  laws or the validity or construction of a statute;
   2-13              (2)  <a case of slander;>
   2-14              <(3)>  a case of a contested election other than a
   2-15  contested election for a state officer, with the exception of a
   2-16  case where the validity of a statute is questioned by the decision;
   2-17              (3) <(4)>  an appeal from an interlocutory order
   2-18  appointing a receiver or trustee or from other interlocutory
   2-19  appeals that are allowed by law;
   2-20              (4) <(5)>  an appeal from an order or judgment in a
   2-21  suit in which a temporary injunction has been granted or refused or
   2-22  when a motion to dissolve has been granted or overruled; and
   2-23              (5) <(6)>  all other cases except the cases where
   2-24  appellate jurisdiction is given to the supreme court and is not
   2-25  made final in the courts of appeals.
   2-26        (d)  A writ of error is allowed from the supreme court for an
   2-27  appeal from an interlocutory order described by Section 51.014(6),
    3-1  Civil Practice and Remedies Code.
    3-2        SECTION 3.  (a)  This Act takes effect September 1, 1993.
    3-3        (b)  This Act applies only to the appeal of an interlocutory
    3-4  order from a court if the order was rendered on or after the
    3-5  effective date of this Act.  An interlocutory order rendered before
    3-6  the effective date of this Act is governed by the law in effect at
    3-7  the time the order was rendered, and that law is continued in
    3-8  effect for that purpose.
    3-9        SECTION 4.  The importance of this legislation and the
   3-10  crowded condition of the calendars in both houses create an
   3-11  emergency and an imperative public necessity that the
   3-12  constitutional rule requiring bills to be read on three several
   3-13  days in each house be suspended, and this rule is hereby suspended.