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.