Amend CSSB 274, as follows:
1) Strike SECTION 1 in its entirety, substituting a new SECTION 1
to read as follows:
SECTION 1. Section 22.001, Government Code, is amended by
adding a new Subsection (e) to read as follows:
(e)(1) Review of an order of a trial court that certifies or
refuses to certify a class pursuant to Rule 42, Texas Rules of
Civil Procedure, or that rule's successor, may be had exclusively
by an interlocutory appeal taken directly to the supreme court by
petition for review.
(2) The supreme court may decline to review an order
certifying or refusing to certify a class if the court determines
that the case is not of such importance to the jurisprudence of the
state that a review should be allowed.
(3) The supreme court and the courts of appeals shall not
have mandamus jurisdiction from an order certifying or refusing to
certify a class.
(4) An appeal filed under subsection (e)(1) shall be given
precedence by the supreme court over other petitions for review and
pending matters.
(5) Notice of appeal brought pursuant to subsection (e)(1)
shall be filed with the supreme court on or before the twentieth
day after the date the order certifying or refusing to certify the
class is signed. Failure to file within the time allowed by this
subsection shall constitute a waiver of the right granted by
subsection (e)(1).
(6) A petition for review under subsection (e)(1) shall be
deemed denied unless the supreme court grants the petition on or
before the sixtieth day after a response to the petition is filed
or if a party files a waiver of response, no later than the
sixtieth day after the waiver is filed.
(7) If review is granted, the supreme court shall render
judgment on an appeal filed under subsection (e)(1) on or before
the ninetieth day after the respondent's brief is due, or the
appeal shall be deemed denied.
(8) A motion for rehearing shall be filed within fifteen
days from the date when the Court renders judgment or makes an
order disposing of a petition for review. The supreme court shall
rule on a motion for rehearing within thirty days or it shall be
deemed denied.
(9) If notice of class certification is directed to members
of the class during the pendency of an interlocutory appeal, Class
Counsel shall provide notice to members of the class of a final
judgment of the supreme court that reverses the order granting
class certification.
(10) Section 22.004, Government Code, does not apply to this
subsection.
(11) To the extent of any conflict between this subsection
and the Texas Rules of Appellate Procedure, this subsection
controls.
2) Strike SECTION 2 in its entirety, substituting a new SECTION 2
to read as follows:
SECTION 2. Subchapter D, Chapter 16, Civil Practice and
Remedies Code, is amended by adding a new Section 16.073 to read as
follows:
Sec. 16.073. The applicable limitations period is suspended
for members of a putative class on the filing of a class action
petition or complaint and shall remain suspended until the request
for class action certification is finally denied or the class is
finally decertified.
3) Amend SECTION 3 by also amending Section 51.014(a), by
inserting the following language into Section 51.014(a) as follows:
Sec. 51.014(a) A person may appeal from an interlocutory
order of a district court, county court at law, or county court
that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) <certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure>;
(<4>) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(4) (<5>) denies a motion for summary judgment that is
based on an assertion of immunity by an individual who is an
officer or employee of the state or a political subdivision of the
state;
(5) (<6>) denies a motion for summary judgment that is
based in whole or in part upon a claim against or defense by a
member of the electronic or print media, acting in such capacity,
or a person whose communication appears in or is published by the
electronic or print media, arising under the free speech or free
press clause of the First Amendment to the United States
Constitution, or Article 1, Section 8, of the Texas Constitution,
or Chapter 73;
(6) (<7>) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code; or
(7) (<8>) grants or denies a plea to the jurisdiction
by a governmental unit as that term is defined in Section
101.001.