By Gallego H.B. No. 1657
75R6282 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appeal of certain interlocutory orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-5 is amended to read as follows:
1-6 Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) A person
1-7 may appeal from an interlocutory order of a district court, county
1-8 court at law, or county court that:
1-9 (1) appoints a receiver or trustee;
1-10 (2) overrules a motion to vacate an order that
1-11 appoints a receiver or trustee;
1-12 (3) certifies or refuses to certify a class in a suit
1-13 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-14 (4) grants or refuses a temporary injunction or grants
1-15 or overrules a motion to dissolve a temporary injunction as
1-16 provided by Chapter 65;
1-17 (5) denies a motion for summary judgment that is based
1-18 on an assertion of immunity by an individual who is an officer or
1-19 employee of the state or a political subdivision of the state; [or]
1-20 (6) denies a motion for summary judgment that is based
1-21 in whole or in part upon a claim against or defense by a member of
1-22 the electronic or print media, acting in such capacity, or a person
1-23 whose communication appears in or is published by the electronic or
1-24 print media, arising under the free speech or free press clause of
2-1 the First Amendment to the United States Constitution, or Article
2-2 1, Section 8, of the Texas Constitution, or Chapter 73; or
2-3 (7) denies a plea by a governmental unit, as that term
2-4 is defined by Section 101.001, of lack of jurisdiction.
2-5 (b) An appeal under Subsection (a)(5) or (7) stays all
2-6 proceedings in the trial court pending resolution of the appeal.
2-7 SECTION 2. (a) This Act takes effect September 1, 1997.
2-8 (b) This Act applies only to the appeal of an interlocutory
2-9 order from a court if the order was rendered on or after the
2-10 effective date of this Act. An interlocutory order rendered before
2-11 the effective date of this Act is governed by the law in effect at
2-12 the time the order was rendered and that law is continued in effect
2-13 for that purpose.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.