HBA-ATS C.S.H.B. 2581 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2581 By: Eiland Civil Practices 3/29/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Generally, interlocutory orders (a temporary or provisional order that does not determine a cause of action but decides some intervening matter pertaining to the cause) are not reviewable on appeal because some issue of the case is reserved for future adjudication. If provided for by statute or rule, however, interlocutory orders are appealable. Section 51.014 of the Civil Practice and Remedies Code (code) contains specific grants of jurisdiction over appeals from certain interlocutory orders. Before 1997, the code permitted the appeal of an interlocutory order: appointing a receiver or trustee and an order overruling a motion to vacate an order that appoints a receiver or trustee; certifying or refusing to certify a class in a suit; granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction; denying motions for summary judgment based on official immunity; and denying a motion for summary judgment that is based in whole or in part upon a free speech claim made by members of the electronic and print media, and those whose statements have been published in the media. In 1997, the Texas Legislature added two more provisions authorizing the appeal of an interlocutory order. First, an order granting or denying a defendant's special appearance under Rule 120 of the Texas Rules of Civil Procedure is appealable. Second, an order granting or denying a governmental unit's plea to the jurisdiction is appealable. Under the code, an appeal of an interlocutory order automatically stays the commencement of the trial pending resolution of the appeal. C.S.H.B. 2581 provides an exception to the general rule that an appeal of an interlocutory order under Section 51.014, Civil Practice and Remedies Code, automatically stays the commencement of the trial pending resolution of the appeal. Under this bill, an appeal granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction does not automatically stay the commencement of the trial. This bill also provides that a denial of a motion for summary judgment based on official immunity or based in whole or in part upon a free speech claim made by members of the electronic and print media, and those whose statements have been published in the media, a denial of a special appearance under Rule 120 of the Texas Rules of Civil Procedure, or a denial of a governmental unit's plea to the jurisdiction does not automatically stay the commencement of the trial pending resolution of the appeal. However, these types of interlocutory orders are automatically stayed if they are filed and set for submission or hearing before the trial court, by the later of the 100th day before the date of the first trial setting or the 150th day after the date the defendant files the original answer or the first other responsive pleading to the plaintiff's petition. 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 Section 51.014, Civil Practice and Remedies Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Provides that an appeal brought under Subsection (a), except for an appeal brought under Subsection (a)(4) (granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction), automatically stays the commencement of the trial pending resolution of the appeal. (c) Provides that a denial of a motion for summary judgment, special appearance, or plea to the jurisdiction described by Subsections (a)(5)-(8) does not automatically stay the commencement of the trial pending resolution of the appeal, but does provide that these types of interlocutory orders are automatically stayed if they are filed and set for submission or hearing before the trial court, by the later of the 100th day before the date of the first trial setting or the 150th day after the date the defendant files the original answer or the first other responsive pleading to the plaintiff's petition. SECTION 2. Effective date: September 1, 1999. SECTION 3. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2581 modifies the original bill in SECTION 1 by amending existing Subsection (b) of Section 51.014 (Appeal From Interlocutory Order), Civil Practice and Remedies Code, to provide that an interlocutory appeal brought under existing Subsection (a), except for an appeal brought under Subsection (a)(4) (granting or refusing a temporary injunction or granting or overruling a motion to dissolve a temporary injunction), automatically stays the commencement of the trial pending resolution of the appeal.