SRC-PNG, JJJ H.B. 2186 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2186
By: Dutton (Ellis)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

The purpose of a summary judgment proceeding is to provide for the
disposition of controversies that do not present fact issues, but present
only questions of law.  Under the Texas Rules of Civil Procedure, summary
judgment is appropriate if a movant establishes that there are no genuine
issues of material fact and that the movant is entitled to judgment as a
matter of law.  H.B. 2186  would establish conditions regarding summary
judgments issued by a court. 

PURPOSE

As proposed, H.B. 2186 establishes conditions regarding summary judgments
issued by a court. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2C, Civil Practice and Remedies Code, by adding
Chapter 40, as follows: 

CHAPTER 40.  SUMMARY JUDGMENT

 Sec. 40.001.  DEFINITION.  Defines "claim."

Sec. 40.002.  WRITTEN FINDINGS REQUIRED.  Provides that the judge of a
court who grants a motion for summary judgment with respect to all or any
part of a claim shall specify the grounds, in writing, on which the motion
is granted not later than the date on which the judgment is signed by the
judge of the court. 
 
Sec. 40.003.  SUMMARY JUDGMENT IN CERTAIN CASES:  NOTICE REQUIRED IN
CITATION.  Requires the clerk of the court to include a notice in the
citation that, unless a sworn answer is filed on behalf of the defendant, a
summary judgment against the defendant may result, in a case regarding
certain claims. 

Sec. 40.004.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  Provides that
to the extent of any conflict between this chapter and the Texas Rules of
Civil Procedure, this chapter controls. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.