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


Senate Research CenterC.S.S.B. 453
By: Duncan
Jurisprudence
3-18-97
Committee Report (Substituted)


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.
Additionally this bill provides for an interlocutory appeal from an order
granting or denying a plea to the jurisdiction by a governmental unit,
sets forth a deadline for an interlocutory appeal relating to an order
granting or denying a motion to join a responsible third party, 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, C.S.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. Additionally,
this bill authorizes a person to appeal an interlocutory order that grants
or denies a plea to the jurisdiction by a governmental unit, sets forth
the deadline for an interlocutory appeal relating to an order granting or
denying a motion to join a responsible third party, 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
V.T.C.A., Family Code; grants or denies a motion to join a responsible
third party under Section 33.004; 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.  Prohibits an interlocutory appeal under Subsection
(a)(8) from being brought after the 90th day after the filing of the
original answer by the defendant or defendants. Requires an interlocutory
appeal based on Subsection (a) to have the effect of staying the
commencement of a trail court pending resolution of the appeal.  Makes
conforming changes.  

SECTION 2. Makes application of this Act prospective. 

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




 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 51.014, Civil Practice and Remedies Code, to propose an
additional appeal from an interlocutory order, sets forth a proposed
deadline for an interlocutory appeal based on the granting or denying a
motion to join a responsible third party, and proposes that an
interlocutory appeal under this section shall have the effect of staying
the commencement of a trial in the trial court pending resolution of the
appeal.  Makes conforming changes.