By Duncan                                        S.B. No. 453

      75R4190 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 person may

 1-7     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;

 2-3                 (7)  grants or denies the special appearance of a

 2-4     defendant under Rule 120a, Texas Rules of Civil Procedure; or

 2-5                 (8)  grants or denies a motion to join a responsible

 2-6     third party under Section 33.004.

 2-7           SECTION 2.  (a)  This Act applies only to a civil action:

 2-8                 (1)  commenced on or after the effective date of this

 2-9     Act; or

2-10                 (2)  commenced before the effective date of this Act

2-11     but pending on the effective date of this Act and in which the

2-12     trial, or any new trial or retrial following motion, or appeal, or

2-13     otherwise, begins on or after that date.

2-14           (b)  An action commenced before the effective date of this

2-15     Act and in which the trial, or any new trial or retrial is in

2-16     progress on that date is governed by the law applicable to the

2-17     action immediately before the effective date of this Act, and that

2-18     law is continued in effect for that purpose.

2-19           SECTION 3.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended,

2-24     and that this Act take effect and be in force from and after its

2-25     passage, and it is so enacted.