SRC-JFA, AAA S.B. 287 75(R)BILL ANALYSIS


Senate Research CenterS.B. 287
By: Haywood
Jurisprudence
3-18-97
Committee Report (Amended)


DIGEST 

Currently, the Supreme Court of Texas cannot hear appeal of interlocutory
order to certify or refusal to certify class actions.  Consequently, there
is a lack of uniformity in class action certification rulings, and an
absence of law on what constitutes an abuse of discretion among trial
courts.  This bill provides for writs of error from the supreme court from
interlocutory orders relating to the certification of class actions. 
 
PURPOSE

As proposed, S.B. 287 provides for writs of error from the supreme court
from interlocutory orders described in certain sections of the Civil
Practice and Remedies Code. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.225(d), Government Code, to provide that a
writ of error is allowed from the supreme court for appeals from
interlocutory orders described by Sections 51.014(3) and 51.014(6), Civil
Practice and Remedies Code. 

SECTION 2. Effective date: upon passage.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.
 
SUMMARY OF COMMITTEE CHANGES

Committee Amendment No. 1.

Amends SECTION 2, to provide that this Act takes effect immediately,
rather than on September 1, 1997.