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.
2-3 * * * * *