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OF CIVIL PROCEDURE. 1-21 Notwithstanding Section 22.004, Government Code, this subchapter 1-22 may not be modified or repealed by a rule adopted by the supreme 1-23 court. 1-24 SECTION 2.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. 1-36 * * * * *