SRC-SLL S.B. 1754 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1754
By: Fraser
Jurisprudence
4-10-97
As Filed


DIGEST 

Currently, the Texas Rules of Civil Procedure allow litigants to obtain a
disposition of claims prior to trial when a question of law for the court
exists and no issue of material fact must be decided. Although the
language of the Texas and federal rules is nearly identical, Texas courts
require the summary judgment movant to conclusively prove its claim or
defense with regard to the existence, substance, or credibility of the
non-movant's evidence.  This has resulted in an ineffective procedure for
deciding even the most frivolous claims or defenses prior to trial and
contributed to a backlog of cases in Texas courts.  In contrast, the
federal rule allows federal judges the discretion to grant summary
judgment motions where there is neither a material nor genuine issue of
fact remaining and reasonable minds could not differ as to the outcome of
the issue.  This bill adopts the federal standard for summary judgment
practice in Texas in order to provide litigants with a more efficient
system of dispute resolution. 

PURPOSE

As proposed, S.B. 1754 provides regulations for the granting of summary
judgment in civil cases. 

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 Title 2C, Civil Practice and Remedies Code, by adding
Chapter 40, as follows: 

CHAPTER 40.  SUMMARY JUDGMENTS

Sec.  40.001.  PRODUCTION OF EVIDENCE.  Sets forth regulations regarding
the production of evidence on a motion for summary judgment. 

Sec.  40.002.  STANDARD OF REVIEW OF THE EVIDENCE.  Requires judgment,
whenever a court is requested by proper pleading to render summary
judgment, to be rendered for the movant if, after considering all of the
evidence in the light most favorable to the nonmovant, reasonable minds
could not differ as to the material facts, and application of the law to
the facts yields the conclusion that judgment is proper for the movant. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.