76R9583 DLF-F By Eiland H.B. No. 2581 Substitute the following for H.B. No. 2581: By Dutton C.S.H.B. No. 2581 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to appeals of certain interlocutory orders. 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) the 100th day before the date of the first trial 1-19 setting; 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. This Act takes effect September 1, 1999. 2-1 SECTION 3. This Act applies only to a suit that is commenced 2-2 on or after the effective date of this Act. A suit that is 2-3 commenced before the effective date of this Act is governed by the 2-4 law applicable to the suit immediately before the effective date of 2-5 this Act, and that law is continued in effect for that purpose. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.