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