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