By Culberson H.B. No. 2994
76R1484 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority to appeal the denial of a motion for
1-3 summary judgment in certain cases.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.014(a), Civil Practice and Remedies
1-6 Code, is amended to read as follows:
1-7 (a) A person may appeal from an interlocutory order of a
1-8 district court, county court at law, or county court that:
1-9 (1) appoints a receiver or trustee;
1-10 (2) overrules a motion to vacate an order that
1-11 appoints a receiver or trustee;
1-12 (3) certifies or refuses to certify a class in a suit
1-13 brought under Rule 42 of the Texas Rules of Civil Procedure;
1-14 (4) grants or refuses a temporary injunction or grants
1-15 or overrules a motion to dissolve a temporary injunction as
1-16 provided by Chapter 65;
1-17 (5) denies a motion for summary judgment that is based
1-18 on an assertion of immunity by an individual who is an officer or
1-19 employee of the state or a political subdivision of the state;
1-20 (6) denies a motion for summary judgment that is based
1-21 in whole or in part upon a claim against or defense by a member of
1-22 the electronic or print media, acting in such capacity, or a person
1-23 whose communication appears in or is published by the electronic or
1-24 print media, arising under the free speech or free press clause of
2-1 the First Amendment to the United States Constitution, or Article
2-2 1, Section 8, of the Texas Constitution, or Chapter 73;
2-3 (7) denies a motion for summary judgment that involves
2-4 a controlling question of law as to which there is substantial
2-5 ground for the difference of opinion and the resolution of which
2-6 may materially advance the ultimate end of the litigation;
2-7 (8) grants or denies the special appearance of a
2-8 defendant under Rule 120a, Texas Rules of Civil Procedure, except
2-9 in a suit brought under the Family Code; or
2-10 (9) [(8)] grants or denies a plea to the jurisdiction
2-11 by a governmental unit as that term is defined in Section 101.001.
2-12 SECTION 2. This Act takes effect September 1, 1999, and
2-13 applies only to an appeal of an order denying a motion for summary
2-14 judgment rendered on or after the effective date of this Act. The
2-15 appeal of an order denying a motion for summary judgment rendered
2-16 before the effective date of this Act is governed by the law as it
2-17 existed immediately before that date and that law is continued in
2-18 effect for that purpose.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.