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.