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.