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; SCOPE OF APPELLATE
1-13 REVIEW. (a) The judge of a court who grants a motion for summary
1-14 judgment with respect to all or any part of a claim shall specify
1-15 the grounds, in writing, on which the motion is granted not later
1-16 than the date on which the judgment is signed by the judge of the
1-17 court.
1-18 (b) Notwithstanding any other law, any court hearing an
1-19 appeal from a grant of a motion for summary judgment shall
1-20 determine the appeal only on the grounds specified in the written
1-21 findings.
1-22 Sec. 40.003. SUMMARY JUDGMENT IN CERTAIN CASES: NOTICE
1-23 REQUIRED IN CITATION. In a claim for a liquidated money demand or
1-24 a claim involving a sworn account that is brought in a justice
2-1 court, the clerk of the court shall include a notice in the
2-2 citation that, unless a sworn answer is filed on behalf of the
2-3 defendant, a summary judgment against the defendant may result.
2-4 Sec. 40.004. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
2-5 To the extent of any conflict between this chapter and the Texas
2-6 Rules of Civil Procedure, including Rule 166a, this chapter
2-7 controls.
2-8 SECTION 2. This Act applies only to a grant of a motion for
2-9 summary judgment on or after the effective date of this Act. A
2-10 grant of a motion for a summary judgment before the effective date
2-11 of this Act is governed by the law as it existed immediately before
2-12 the effective date of this Act, and that law is continued in effect
2-13 for that purpose.
2-14 SECTION 3. This Act takes effect September 1, 1999.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2186 was passed by the House on May
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2186 on May 27, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2186 was passed by the Senate, with
amendments, on May 26, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor