ZEM S.B. 453 75(R)BILL ANALYSIS


CIVIL PRACTICES
S.B. 453
By: Duncan (Gallego)
5-14-97
Committee Report (Unamended)


BACKGROUND 

Currently, a judge's ruling on a motion in the course of a lawsuit may
only be appealed after a judgment has become final. Recently, the Supreme
Court of Texas issued a writ of mandamus to dismiss an improperly
subjected party to the Texas legal system whose special appearance had
been denied.  The writ was issued because Texas law does not allow an
interlocutory appeal for a special appearance.  This bill provides a
solution by allowing interlocutory appeals from an order granting or
denying a special appearance.  Additionally, this bill provides for an
interlocutory appeal from an order granting or denying a plea to the
jurisdiction by a governmental unit and provides that an interlocutory
appeal shall have the effect of staying the commencement of a trial in the
trial court pending resolution of the appeal. 

PURPOSE

As proposed, S.B. 453 authorizes a person to appeal an interlocutory order
that grants or denies the special appearance of a defendant. Additionally,
this bill authorizes a person to appeal an interlocutory order that grants
or denies a plea to the jurisdiction by a governmental unit and sets forth
the effect an interlocutory appeal has on the commencement of a trial.    

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 51.014, Civil Practice and Remedies Code,  to
authorize a person to appeal an interlocutory order that, among other
actions, grants or denies the special appearance of a defendant under Rule
120a, Texas Rules of Civil Procedure, except in a suit brought under the
Family Code or grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001 of this code.
Requires an interlocutory appeal based on Subsection (a) to have the
effect of staying the commencement of a trial court pending resolution of
the appeal. Makes conforming changes.  

SECTION 2. Applies prospectively and to cases pending on the effective
date in which any trial, new trial, or retrial is in progress; savings
clause.  

SECTION 3. Emergency clause.
  Effective date: upon passage.