1-1 By: Dutton (Senate Sponsor - Harris) H.B. No. 2186 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on 1-4 Jurisprudence; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to summary judgments issued by a court. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies 1-11 Code, is amended by adding Chapter 40 to read as follows: 1-12 CHAPTER 40. SUMMARY JUDGMENT 1-13 Sec. 40.001. DEFINITION. In this chapter, "claim" means: 1-14 (1) a claim, counterclaim, or cross-claim under which 1-15 a person seeks recovery of damages or other relief that may be 1-16 granted by a court; or 1-17 (2) an action to obtain a declaratory judgment. 1-18 Sec. 40.002. WRITTEN FINDINGS REQUIRED. The judge of a 1-19 court who grants a motion for summary judgment with respect to all 1-20 or any part of a claim shall specify the grounds, in writing, on 1-21 which the motion is granted not later than the date on which the 1-22 judgment is signed by the judge of the court. 1-23 Sec. 40.003. SUMMARY JUDGMENT IN CERTAIN CASES: NOTICE 1-24 REQUIRED IN CITATION. In a claim for a liquidated money demand or 1-25 a claim involving a sworn account that is brought in a justice 1-26 court, the clerk of the court shall include a notice in the 1-27 citation that, unless a sworn answer is filed on behalf of the 1-28 defendant, a summary judgment against the defendant may result. 1-29 Sec. 40.004. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE. 1-30 To the extent of any conflict between this chapter and the Texas 1-31 Rules of Civil Procedure, including Rule 166a, this chapter 1-32 controls. 1-33 SECTION 2. This Act applies only to a grant of a motion for 1-34 summary judgment on or after the effective date of this Act. A 1-35 grant of a motion for a summary judgment before the effective date 1-36 of this Act is governed by the law as it existed immediately before 1-37 the effective date of this Act, and that law is continued in effect 1-38 for that purpose. 1-39 SECTION 3. This Act takes effect September 1, 1999. 1-40 SECTION 4. The importance of this legislation and the 1-41 crowded condition of the calendars in both houses create an 1-42 emergency and an imperative public necessity that the 1-43 constitutional rule requiring bills to be read on three several 1-44 days in each house be suspended, and this rule is hereby suspended. 1-45 * * * * *