HBA-GUM, ATS C.S.H.B. 2186 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2186
By: Dutton
Civil Practices
4/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE

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 (the party seeking summary judgment)
establishes that there are no genuine issues of material fact and that the
movant is entitled to judgment as a matter of law.  C.S.H.B. 2186 requires
a judge who grants a motion for summary judgment to file written findings
of fact and conclusions of law not later than the date on which the
judgment is signed.  The bill also requires the clerk of the court to
include a notice in the citation that a summary judgement against the
defendant may result. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle C, Title 2, 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 OF FACT AND CONCLUSIONS OF LAW REQUIRED.
Requires a judge who grants a motion for summary judgment to specify the
grounds, in writing, on which the motion is granted not later than the date
on which the judgement 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, in a claim for a liquidated
money demand or a claim involving a sworn account that is brought in a
justice court, to include a notice in the citation that, unless a sworn
answer is filed on behalf of the defendant, a summary judgement against the
defendant may result. 

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

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies SECTION 1 (proposed Section 40.002, Civil Practice
and Remedies Code) of the original by requiring the judge of a court who
grants a motion for summary judgment to specify the grounds, in writing, on
which the motion is granted not later than the date on which the judgement
is signed by the judge, rather than file written findings of fact and
conclusions of law not later than the 30th day after the date on which the
judgement is signed. 

The substitute also modifies SECTION 1 of the original by inserting new
Section 40.003 (Summary Judgment in Certain Cases: Notice Required in
Citation), Civil Practice and Remedies Code, and redesignating proposed
Section 40.003 (Conflict with Texas Rules of Civil Procedure) of the
original to Section 40.004.  New Section 40.003 requires the clerk of the
court, in a claim for a liquidated money demand or a claim involving a
sworn account in a justice court, to include a notice in the citation that,
unless a sworn answer is filed on behalf of the defendant, a summary
judgement against the defendant may result.