1-1     By:  Duncan                                            S.B. No. 453

 1-2           (In the Senate - Filed February 5, 1997; February 10, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 19, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 19, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 453                   By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the appeal of certain interlocutory orders.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 51.014, Civil Practice and Remedies Code,

1-13     is amended to read as follows:

1-14           Sec. 51.014.  APPEAL FROM INTERLOCUTORY ORDER.  (a)  A person

1-15     may appeal from an interlocutory order of a district court, county

1-16     court at law, or county court that:

1-17                 (1)  appoints a receiver or trustee;

1-18                 (2)  overrules a motion to vacate an order that

1-19     appoints a receiver or trustee;

1-20                 (3)  certifies or refuses to certify a class in a suit

1-21     brought under Rule 42 of the Texas Rules of Civil Procedure;

1-22                 (4)  grants or refuses a temporary injunction or grants

1-23     or overrules a motion to dissolve a temporary injunction as

1-24     provided by Chapter 65;

1-25                 (5)  denies a motion for summary judgment that is based

1-26     on an assertion of immunity by an individual who is an officer or

1-27     employee of the state or a political subdivision of the state; [or]

1-28                 (6)  denies a motion for summary judgment that is based

1-29     in whole or in part upon a claim against or defense by a member of

1-30     the electronic or print media, acting in such capacity, or a person

1-31     whose communication appears in or is published by the electronic or

1-32     print media, arising under the free speech or free press clause of

1-33     the First Amendment to the United States Constitution, or Article

1-34     1, Section 8, of the Texas Constitution, or Chapter 73;

1-35                 (7)  grants or denies the special appearance of a

1-36     defendant under Rule 120a, Texas Rules of Civil Procedure, except

1-37     in a suit brought under the Family Code;

1-38                 (8)  grants or denies a motion to join a responsible

1-39     third party under Section 33.004; or

1-40                 (9)  grants or denies a plea to the jurisdiction by a

1-41     governmental unit as that term is defined in Section 101.001.

1-42           (b)  An interlocutory appeal under Subsection (a)(8) may not

1-43     be brought after the 90th day after the filing of the original

1-44     answer by the defendant or defendants.

1-45           (c)  An interlocutory appeal under Subsection (a) shall have

1-46     the effect of staying the commencement of a trial in the trial

1-47     court pending resolution of the appeal.

1-48           SECTION 2.  (a)  This Act applies only to a civil action:

1-49                 (1)  commenced on or after the effective date of this

1-50     Act; or

1-51                 (2)  commenced before the effective date of this Act

1-52     but pending on the effective date of this Act and in which the

1-53     trial, or any new trial or retrial following motion, or appeal, or

1-54     otherwise, begins on or after that date.

1-55           (b)  An action commenced before the effective date of this

1-56     Act and in which the trial or any new trial or retrial is in

1-57     progress on that date is governed by the law applicable to the

1-58     action immediately before the effective date of this Act, and that

1-59     law is continued in effect for that purpose.

1-60           SECTION 3.  The importance of this legislation and the

1-61     crowded condition of the calendars in both houses create an

1-62     emergency and an imperative public necessity that the

1-63     constitutional rule requiring bills to be read on three several

1-64     days in each house be suspended, and this rule is hereby suspended,

 2-1     and that this Act take effect and be in force from and after its

 2-2     passage, and it is so enacted.

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