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.