By Fraser                                              S.B. No. 273
         76R4142 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to class actions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 22, Government Code, is
 1-5     amended by adding Section 22.0011 to read as follows:
 1-6           Sec. 22.0011.  JURISDICTION TO REVIEW INTERLOCUTORY APPEAL IN
 1-7     CLASS ACTIONS.  (a)  The supreme court may review the decision of a
 1-8     court of appeals in an interlocutory appeal taken to the court of
 1-9     appeals in a class action under Section 51.014(a)(3), Civil
1-10     Practice and Remedies Code.
1-11           (b)  An appeal under this section is carried to the supreme
1-12     court by petition for review in the same manner as an appeal taken
1-13     from a final judgment of a court of appeals.
1-14           (c)  Notwithstanding any court rule to the contrary, an
1-15     appeal under this section stays all proceedings in the trial court
1-16     pending resolution of the appeal.
1-17           (d)  This section does not affect the jurisdiction of the
1-18     court of appeals under Section 22.225.
1-19           SECTION 2.  Sections 22.225(b) and (d), Government Code, are
1-20     amended to read as follows:
1-21           (b)  Except as provided by Subsection (c) or (d), a judgment
1-22     of a court of appeals is conclusive on the law and facts, and a
1-23     review may not be granted by [writ of error is not allowed from]
1-24     the supreme court, in the following  civil cases:
 2-1                 (1)  a case appealed from a county court or from a
 2-2     district court when, under the constitution, a county court would
 2-3     have had original or appellate jurisdiction of the case, with the
 2-4     exception of a probate matter or a case involving state revenue
 2-5     laws or the validity or construction of a statute;
 2-6                 (2)  a case of a contested election other than a
 2-7     contested election for a state officer, with the exception of a
 2-8     case where the validity of a statute is questioned by the decision;
 2-9                 (3)  an appeal from an interlocutory order appointing a
2-10     receiver or trustee or from other interlocutory appeals that are
2-11     allowed by law;
2-12                 (4)  an appeal from an order or judgment in a suit in
2-13     which a temporary injunction has been granted or refused or when a
2-14     motion to dissolve has been granted or overruled; and
2-15                 (5)  all other cases except the cases where appellate
2-16     jurisdiction is given to the supreme court and is not made final in
2-17     the courts of appeals.
2-18           (d)  Review [A writ of error] is allowed in [from] the
2-19     supreme court for an appeal from an interlocutory order described
2-20     by Sections 51.014(a)(3) and (6) [Section 51.014(6)], Civil
2-21     Practice and Remedies Code.
2-22           SECTION 3.  Section 51.014, Civil Practice and Remedies Code,
2-23     is amended by adding Subsection (c) to read as follows:
2-24           (c)  Notwithstanding any court rule to the contrary, the
2-25     appeal of an interlocutory order under Subsection (a)(3) stays all
2-26     proceedings in the trial court pending resolution of the appeal.
2-27           SECTION 4.  (a)  This Act takes effect September 1, 1999.
 3-1           (b)  This Act applies only to:
 3-2                 (1)  a suit commenced on or after the effective date of
 3-3     this Act; and
 3-4                 (2)  an appeal of an interlocutory class certification
 3-5     order issued under Rule 42, Texas Rules of Civil Procedure,
 3-6     commenced or pending on or after the effective date of this Act.
 3-7           SECTION 5.  The importance of this legislation and the
 3-8     crowded condition of the calendars in both houses create an
 3-9     emergency and an imperative public necessity that the
3-10     constitutional rule requiring bills to be read on three several
3-11     days in each house be suspended, and this rule is hereby suspended.