BILL ANALYSIS H.B. 2223 By: T. Hunter 4-17-95 Committee Report (Unamended) BACKGROUND Currently, Section 51.014, Civil Practice and Remedies Code, allows a person to appeal an interlocutory order under certain circumstances. However, the statute does not allow the appeal of an interlocutory order that denies a plea to the jurisdiction by the state, a state agency, or a political subdivision. Consequently, the state, state agencies, and political subdivisions must wait until the conclusion of a trial to appeal such interlocutory orders, at which point the state, agency, or political subdivision has already expended large amounts of money to go through the trial. PURPOSE To authorize governmental units to appeal interlocutory orders that deny a plea to the jurisdiction and to stay all proceedings pending resolution of an appeal of such interlocutory orders. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION-BY-SECTION ANALYSIS SECTION 1. Amends Section 51.014, Civil Practice and Remedies Code, by adding a provision to newly numbered Subsection (a) to authorize an appeal from an interlocutory order that: (7) denies a plea to jurisdiction by governmental units, as the term is defined in Sect. 101.001, Civil Practices and Remedies Code. Adds new Subsection (b) stating that an interlocutory appeal based on (a)(7) has the effect of staying all court proceedings pending the resolution of such appeals. SECTION 2. This Act applies only to interlocutory orders rendered on or after the effective date of this Act. SECTION 3. Effective date - September 1, 1995. SECTION 4. SEVERABILITY CLAUSE. SECTION 5. EMERGENCY CLAUSE. SUMMARY OF COMMITTEE ACTION House Bill 2223 was considered by the Committee on Civil Practices in a public hearing on March 22, 1995. The following individuals testified neutrally on the bill: Carey Smith, representing the Texas Attorney General's Office. No one testified in support of or in opposition to the bill. The bill was left pending. H.B. 2223 was considered by the Committee on Civil Practices in a public hearing on April 12, 1995. The bill was reported favorably without amendment with the recommendation that it do pass and be printed, by a record vote of six ayes, zero nays, zero pnv and three absent.