By:  Harris                                  S.B. No. 1119

         97S0772/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to appellate review of a summary judgment regarding

 1-2     certain civil matters.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 51, Civil Practice and Remedies Code, is

 1-5     amended by adding Subchapter C to read as follows:

 1-6                SUBCHAPTER C.  APPEALS FROM SUMMARY JUDGMENT

 1-7           Sec. 51.051.  STANDARD OF REVIEW REGARDING CIVIL MATTER IN

 1-8     FAMILY CODE.  In reviewing a summary judgment on appeal regarding a

 1-9     civil matter in the Family Code, the appellate court shall uphold a

1-10     judge's determination that there is no genuine issue as to a

1-11     material fact unless the appellate court finds that the judge's

1-12     determination was clearly wrong.

1-13           Sec. 51.052.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.

1-14     Notwithstanding Section 22.004, Government Code, this subchapter

1-15     may not be modified or repealed by a rule adopted by the supreme

1-16     court.

1-17           SECTION 2.  This Act applies only to an appeal of a summary

1-18     judgment rendered on or after the effective date of this Act.  The

1-19     appeal of a summary judgment rendered before the effective date of

1-20     this Act is governed by the law as it existed immediately before

1-21     that date and that law is continued in effect for that purpose.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

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

 2-3     days in each house be suspended, and this rule is hereby suspended,

 2-4     and that this Act take effect and be in force from and after its

 2-5     passage, and it is so enacted.