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.