By Dutton                                             H.B. No. 2186
         76R4850 DLF-D                           
                                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 file
1-15     written findings of fact and conclusions of law not later than the
1-16     30th day after the date on which the judgment is signed.
1-17           Sec. 40.003.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
1-18     To the extent of any conflict between this chapter and the Texas
1-19     Rules of Civil Procedure, including Rule 166a, this chapter
1-20     controls.
1-21           SECTION 2.  This Act applies only to a grant of a motion for
1-22     summary judgment on or after the effective date of this Act.  A
1-23     grant of a motion for a summary judgment before the effective date
1-24     of this Act is governed by the law as it existed immediately before
 2-1     the effective date of this Act, and that law is continued in effect
 2-2     for that purpose.
 2-3           SECTION 3.  This Act takes effect September 1, 1999.
 2-4           SECTION 4.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.