AN ACT
1-1 relating to the appeal of certain interlocutory orders.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-4 is amended to read as follows:
1-5 Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) A person
1-6 may appeal from an interlocutory order of a district court, county
1-7 court at law, or county court that:
1-8 (1) appoints a receiver or trustee;
1-9 (2) overrules a motion to vacate an order that
1-10 appoints a receiver or trustee;
1-11 (3) certifies or refuses to certify a class in a suit
1-12 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-13 (4) grants or refuses a temporary injunction or grants
1-14 or overrules a motion to dissolve a temporary injunction as
1-15 provided by Chapter 65;
1-16 (5) denies a motion for summary judgment that is based
1-17 on an assertion of immunity by an individual who is an officer or
1-18 employee of the state or a political subdivision of the state; [or]
1-19 (6) denies a motion for summary judgment that is based
1-20 in whole or in part upon a claim against or defense by a member of
1-21 the electronic or print media, acting in such capacity, or a person
1-22 whose communication appears in or is published by the electronic or
1-23 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;
2-3 (7) grants or denies the special appearance of a
2-4 defendant under Rule 120a, Texas Rules of Civil Procedure, except
2-5 in a suit brought under the Family Code; or
2-6 (8) grants or denies a plea to the jurisdiction by a
2-7 governmental unit as that term is defined in Section 101.001.
2-8 (b) An interlocutory appeal under Subsection (a) shall have
2-9 the effect of staying the commencement of a trial in the trial
2-10 court pending resolution of the appeal.
2-11 SECTION 2. (a) This Act applies only to a civil action:
2-12 (1) commenced on or after the effective date of this
2-13 Act; or
2-14 (2) commenced before the effective date of this Act
2-15 but pending on the effective date of this Act and in which the
2-16 trial, or any new trial or retrial following motion, or appeal, or
2-17 otherwise, begins on or after that date.
2-18 (b) An action commenced before the effective date of this
2-19 Act and in which the trial or any new trial or retrial is in
2-20 progress on that date is governed by the law applicable to the
2-21 action immediately before the effective date of this Act, and that
2-22 law is continued in effect for that purpose.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 453 passed the Senate on
April 2, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 453 passed the House on
May 27, 1997, by the following vote: Yeas 146, Nays 0, one present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor