1-1     By:  Harris                                           S.B. No. 1119

 1-2           (In the Senate - Filed March 11, 1997; March 13, 1997, read

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

 1-4     April 23, 1997, reported favorably by the following vote:  Yeas 5,

 1-5     Nays 0; April 23, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to appellate review of a summary judgment regarding

 1-9     certain civil matters.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 51, Civil Practice and Remedies Code, is

1-12     amended by adding Subchapter C to read as follows:

1-13                SUBCHAPTER C.  APPEALS FROM SUMMARY JUDGMENT

1-14           Sec. 51.051.  STANDARD OF REVIEW REGARDING CIVIL MATTER IN

1-15     FAMILY CODE.  In reviewing a summary judgment on appeal regarding a

1-16     civil matter in the Family Code, the appellate court shall uphold a

1-17     judge's determination that there is no genuine issue as to a

1-18     material fact unless the appellate court finds that the judge's

1-19     determination was clearly wrong.

1-20           Sec. 51.052.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.

1-21     Notwithstanding Section 22.004, Government Code, this subchapter

1-22     may not be modified or repealed by a rule adopted by the supreme

1-23     court.

1-24           SECTION 2.  This Act applies only to an appeal of a summary

1-25     judgment rendered on or after the effective date of this Act.  The

1-26     appeal of a summary judgment rendered before the effective date of

1-27     this Act is governed by the law as it existed immediately before

1-28     that date and that law is continued in effect for that purpose.

1-29           SECTION 3.  The importance of this legislation and the

1-30     crowded condition of the calendars in both houses create an

1-31     emergency and an imperative public necessity that the

1-32     constitutional rule requiring bills to be read on three several

1-33     days in each house be suspended, and this rule is hereby suspended,

1-34     and that this Act take effect and be in force from and after its

1-35     passage, and it is so enacted.

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