By Dutton H.B. No. 2186 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to summary judgments issued by a court. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies 1-5 Code, is amended by adding Chapter 40 to read as follows: 1-6 CHAPTER 40. SUMMARY JUDGMENT 1-7 Sec. 40.001. DEFINITION. In this chapter, "claim" means: 1-8 (1) a claim, counterclaim, or cross-claim under which 1-9 a person seeks recovery of damages or other relief that may be 1-10 granted by a court; or 1-11 (2) an action to obtain a declaratory judgment. 1-12 Sec. 40.002. WRITTEN FINDINGS REQUIRED. The judge of a 1-13 court who grants a motion for summary judgment with respect to all 1-14 or any part of a claim shall specify the grounds, in writing, on 1-15 which the motion is granted not later than the date on which the 1-16 judgment is signed by the judge of the court. 1-17 Sec. 40.003. SUMMARY JUDGMENT IN CERTAIN CASES: NOTICE 1-18 REQUIRED IN CITATION. In a claim for a liquidated money demand or 1-19 a claim involving a sworn account that is brought in a justice 1-20 court, the clerk of the court shall include a notice in the 1-21 citation that, unless a sworn answer is filed on behalf of the 1-22 defendant, a summary judgment against the defendant may result. 1-23 Sec. 40.004. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE. 1-24 To the extent of any conflict between this chapter and the Texas 2-1 Rules of Civil Procedure, including Rule 166a, this chapter 2-2 controls. 2-3 SECTION 2. This Act applies only to a grant of a motion for 2-4 summary judgment on or after the effective date of this Act. A 2-5 grant of a motion for a summary judgment before the effective date 2-6 of this Act is governed by the law as it existed immediately before 2-7 the effective date of this Act, and that law is continued in effect 2-8 for that purpose. 2-9 SECTION 3. This Act takes effect September 1, 1999. 2-10 SECTION 4. The importance of this legislation and the 2-11 crowded condition of the calendars in both houses create an 2-12 emergency and an imperative public necessity that the 2-13 constitutional rule requiring bills to be read on three several 2-14 days in each house be suspended, and this rule is hereby suspended.