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.