By Eiland H.B. No. 2581
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appeal of certain orders, judgments, and decrees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-5 is amended by amending Subsection (b) and adding Subsection (c) to
1-6 read as follows:
1-7 (b) An interlocutory appeal under Subsection (a), other than
1-8 an appeal under Subsection (a)(4), shall have the effect of staying
1-9 the commencement of a trial in the trial court pending resolution
1-10 of the appeal.
1-11 (c) A denial of a motion for summary judgment, special
1-12 appearance, or plea to the jurisdiction described by Subsections
1-13 (a)(5)-(8) is not subject to the automatic stay of the commencement
1-14 of trial under Subsection (b) unless the motion, special
1-15 appearance, or plea to the jurisdiction is filed and set for
1-16 submission or hearing before the trial court not later than the
1-17 later of:
1-18 (1) a date set by the trial court in a scheduling
1-19 order entered under the Texas Rules of Civil Procedure; or
1-20 (2) the 150th day after the date the defendant files:
1-21 (A) the original answer; or
1-22 (B) the first other responsive pleading to the
1-23 plaintiff's petition.
1-24 SECTION 2. Section 171.098, Civil Practice and Remedies
2-1 Code, is repealed.
2-2 SECTION 3. This Act takes effect September 1, 1999.
2-3 SECTION 4. This Act applies only to a suit that is commenced
2-4 on or after the effective date of this Act. A suit that is
2-5 commenced before the effective date of this Act is governed by the
2-6 law applicable to the suit immediately before the effective date of
2-7 this Act, and that law is continued in effect for that purpose.
2-8 SECTION 5. The repeal by this Act of Section 171.098, Civil
2-9 Practice and Remedies Code, applies only to an order issued or
2-10 judgment entered by a court on or after the effective date of this
2-11 Act. An order issued or judgment entered before the effective date
2-12 of this Act is governed by the law as it existed immediately before
2-13 the effective date of this Act, and that law is continued in effect
2-14 for that purpose.
2-15 SECTION 6. 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.