SRC-AAA S.B. 453 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 453
By: Duncan
Jurisprudence
2-18-97
As Filed


DIGEST 

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.  Also, if a court
improperly denies a motion to join a responsible third party there is no
interlocutory appeal for the denial, and the subsequent trial would
proceed without all potential liable parties.  This bill provides a
solution by allowing interlocutory appeals from an order granting or
denying a special appearance and a motion to join a responsible party. 

PURPOSE

As proposed, S.B. 453 authorizes a person to appeal an interlocutory order
that grants or denies the special appearance of a defendant or grants or
denies a motion to join a responsible third party. 

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 grants or denies
the special appearance of a defendant or grants or denies a motion to join
a responsible third party. 

SECTION 2. Makes application of this Act prospective. 

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