HBA-ATS H.B. 2186 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2186
By: Dutton
Civil Practices
3/15/1999
Introduced



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.  H.B. 2186 requires a
judge who grants a motion for summary judgment to file written findings of
fact and conclusions of law by the 30th day after the date on which the
judgment is signed. 

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 file written
findings of fact and conclusions of law by the 30th day after the date on
which the judgment is signed. 

Sec. 40.003.  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.