76R13139 E
By Dutton H.B. No. 2186
Substitute the following for H.B. No. 2186:
By Dutton C.S.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 OF FACT AND CONCLUSIONS OF LAW
1-13 REQUIRED. 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 Sec. 40.003. SUMMARY JUDGMENT IN CERTAIN CASES: NOTICE
1-19 REQUIRED IN CITATION. In a claim for a liquidated money demand or
1-20 a claim involving a sworn account that is brought in a justice
1-21 court, the clerk of the court shall include a notice in the
1-22 citation that, unless a sworn answer is filed on behalf of the
1-23 defendant, a summary judgment against the defendant may result.
1-24 Sec. 40.004. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
2-1 To the extent of any conflict between this chapter and the Texas
2-2 Rules of Civil Procedure, including Rule 166a, this chapter
2-3 controls.
2-4 SECTION 2. This Act applies only to a grant of a motion for
2-5 summary judgment on or after the effective date of this Act. A
2-6 grant of a motion for a summary judgment before the effective date
2-7 of this Act is governed by the law as it existed immediately before
2-8 the effective date of this Act, and that law is continued in effect
2-9 for that purpose.
2-10 SECTION 3. This Act takes effect September 1, 1999.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.