By: Turner S.B. No. 1186
A BILL TO BE ENTITLED
AN ACT
1-1 relating to appeals from interlocutory orders of a district court,
1-2 county court at law, or county court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-5 is amended to read as follows:
1-6 Sec. 51.014. Appeal From Interlocutory Order. (a) A person
1-7 may appeal from an interlocutory order of a district court, county
1-8 court at law, or county court that:
1-9 (1) appoints a receiver or trustee;
1-10 (2) overrules a motion to vacate an order that
1-11 appoints a receiver or trustee;
1-12 (3) certifies or refuses to certify a class in a suit
1-13 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-14 (4) grants or refuses a temporary injunction or grants
1-15 or overrules a motion to dissolve a temporary injunction as
1-16 provided by Chapter 65;
1-17 (5) denies a motion for summary judgment that is based
1-18 on an assertion of immunity by an individual who is an officer or
1-19 employee of the state or a political subdivision of the state; <or>
1-20 (6) denies a motion for summary judgment that is based
1-21 in whole or in part upon a claim against or defense by a member of
1-22 the electronic or print media, acting in such capacity, or a person
1-23 whose communication appears in or is published by the electronic or
2-1 print media, arising under the free speech or free press clause of
2-2 the First Amendment to the United States Constitution, or Article
2-3 1, Section 8, of the Texas Constitution, or Chapter 73; or
2-4 (7) or denies a plea to the jurisdiction by a
2-5 governmental unit as that term is defined in Section 101.001 of
2-6 this code.
2-7 (b) An interlocutory appeal based on Subdivision (7),
2-8 Subsection (a) of this section shall have the effect of staying all
2-9 proceedings in the trial court pending resolution of the appeal.
2-10 SECTION 2. This Act applies only to the appeal of an
2-11 interlocutory order from a court if the order was rendered on or
2-12 after the effective date of this Act. An interlocutory order
2-13 rendered before the effective date of this Act is governed by the
2-14 law in effect at the time the order was rendered and that law is
2-15 continued in effect for that purpose.
2-16 SECTION 3. This Act takes effect September 1, 1995.
2-17 SECTION 4. SEVERABILITY. If any section, sentence, clause,
2-18 or part of this Act shall, for any reason, be held invalid, such
2-19 invalidity shall not affect the remaining portions of the Act, and
2-20 it is hereby declared to be the intention of this legislature to
2-21 have passed each section, sentence, clause, or part irrespective of
2-22 the fact that any other section, sentence, clause, or part may be
2-23 declared invalid.
2-24 SECTION 5. EMERGENCY. The importance of this legislation
2-25 and the crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.