1-1 By: Turner, et al. S.B. No. 76
1-2 (In the Senate - Filed February 10, 1993; February 11, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 17, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 11, Nays 0; February 17, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE AMENDMENT NO. 1 By: Rosson
1-22 Amend SECTION 1 of S.B. No. 76 as follows:
1-23 (1) Delete Subdivision (6) in its entirety and substitute
1-24 the following:
1-25 (6) denies a motion for summary judgment that is based
1-26 in whole or in part upon a claim against or defense by a member of
1-27 the electronic or print media arising under the free speech or free
1-28 press clause of the First Amendment to the United States
1-29 Constitution, or Article 1, Section 8, of the Texas Constitution,
1-30 or Chapter 73, Civil Practice and Remedies Code.
1-31 (2) Add a new Section 51.015 to read as follows:
1-32 Sec. 51.015. COSTS OF APPEAL. In the case of an appeal
1-33 brought pursuant to Section 51.014(6), each party shall be liable
1-34 for and taxed its own costs of the appeal.
1-35 A BILL TO BE ENTITLED
1-36 AN ACT
1-37 relating to appeals of certain interlocutory orders and judgments
1-38 upholding those orders.
1-39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-40 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-41 is amended to read as follows:
1-42 Sec. 51.014. Appeal From Interlocutory Order. A person may
1-43 appeal from an interlocutory order of a district court, county
1-44 court at law, or county court that:
1-45 (1) appoints a receiver or trustee;
1-46 (2) overrules a motion to vacate an order that
1-47 appoints a receiver or trustee;
1-48 (3) certifies or refuses to certify a class in a suit
1-49 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-50 (4) grants or refuses a temporary injunction or grants
1-51 or overrules a motion to dissolve a temporary injunction as
1-52 provided by Chapter 65; <or>
1-53 (5) denies a motion for summary judgment that is based
1-54 on an assertion of immunity by an individual who is an officer or
1-55 employee of the state or a political subdivision of the state; or
1-56 (6) denies a motion for summary judgment that is based
1-57 on a claim or a defense to a claim for defamation, libel, or
1-58 slander or a claim or a defense to a claim arising from a broadcast
1-59 or written publication.
1-60 SECTION 2. Section 22.225, Government Code, is amended by
1-61 amending Subsection (b) and adding Subsection (d) to read as
1-62 follows:
1-63 (b) Except as provided by Subsection (c) or (d), a judgment
1-64 of a court of appeals is conclusive on the law and facts, and a
1-65 writ of error is not allowed from the supreme court, in the
1-66 following civil cases:
1-67 (1) a case appealed from a county court or from a
1-68 district court when, under the constitution, a county court would
2-1 have had original or appellate jurisdiction of the case, with the
2-2 exception of a probate matter or a case involving state revenue
2-3 laws or the validity or construction of a statute;
2-4 (2) <a case of slander;>
2-5 <(3)> a case of a contested election other than a
2-6 contested election for a state officer, with the exception of a
2-7 case where the validity of a statute is questioned by the decision;
2-8 (3) <(4)> an appeal from an interlocutory order
2-9 appointing a receiver or trustee or from other interlocutory
2-10 appeals that are allowed by law;
2-11 (4) <(5)> an appeal from an order or judgment in a
2-12 suit in which a temporary injunction has been granted or refused or
2-13 when a motion to dissolve has been granted or overruled; and
2-14 (5) <(6)> all other cases except the cases where
2-15 appellate jurisdiction is given to the supreme court and is not
2-16 made final in the courts of appeals.
2-17 (d) A writ of error is allowed from the supreme court for an
2-18 appeal from an interlocutory order described by Section 51.014(6),
2-19 Civil Practice and Remedies Code.
2-20 SECTION 3. (a) This Act takes effect September 1, 1993.
2-21 (b) This Act applies only to the appeal of an interlocutory
2-22 order from a court if the order was rendered on or after the
2-23 effective date of this Act. An interlocutory order rendered before
2-24 the effective date of this Act is governed by the law in effect at
2-25 the time the order was rendered, and that law is continued in
2-26 effect for that purpose.
2-27 SECTION 4. The importance of this legislation and the
2-28 crowded condition of the calendars in both houses create an
2-29 emergency and an imperative public necessity that the
2-30 constitutional rule requiring bills to be read on three several
2-31 days in each house be suspended, and this rule is hereby suspended.
2-32 * * * * *
2-33 Austin,
2-34 Texas
2-35 February 17,
2-36 1993
2-37 Hon. Bob Bullock
2-38 President of the Senate
2-39 Sir:
2-40 We, your Committee on State Affairs to which was referred S.B. No.
2-41 76, have had the same under consideration, and I am instructed to
2-42 report it back to the Senate with the recommendation that it do
2-43 pass, as amended, and be printed.
2-44 Harris of
2-45 Dallas, Chairman
2-46 * * * * *
2-47 WITNESSES
2-48 FOR AGAINST ON
2-49 ___________________________________________________________________
2-50 Name: Robert Decherd x
2-51 Representing: Belo Corporation
2-52 City: Dallas
2-53 -------------------------------------------------------------------
2-54 Name: Kirtie M. Kinser x
2-55 Representing: Appellate Fairness Coalition
2-56 City: Dallas
2-57 -------------------------------------------------------------------
2-58 FOR AGAINST ON
2-59 ___________________________________________________________________
2-60 Name: Mark Yudof x
2-61 Representing: Appellate Fairness Coalition
2-62 City: Dallas
2-63 -------------------------------------------------------------------
2-64 Name: Ken Long x
2-65 Representing: The Round Rock Leader
2-66 City: Round Rock
2-67 -------------------------------------------------------------------
2-68 Name: Lyndell Williams x
2-69 Representing: Texas Press Association
2-70 City: Austin
3-1 -------------------------------------------------------------------
3-2 Name: Barbara Ehli Taute x
3-3 Representing: Texas Daily Newspaper Assn
3-4 City: Austin
3-5 -------------------------------------------------------------------
3-6 Name: Ann Arnold x
3-7 Representing: Texas Assoc of Broadcasters
3-8 City: Austin
3-9 -------------------------------------------------------------------
3-10 Name: Joe Jerkins x
3-11 Representing: Texas Assoc of Broadcasters
3-12 City: Austin
3-13 -------------------------------------------------------------------