1-1     By:  Bivins, et al.                                    S.B. No. 274
 1-2           (In the Senate - Filed January 26, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     March 22, 1999, reported adversely, with favorable Committee
 1-5     Substitute; March 29, 1999, recommitted to Committee on Economic
 1-6     Development; April 6, 1999, reported adversely, with favorable
 1-7     Committee Substitute by the following vote:  Yeas 5, Nays 0;
 1-8     April 6, 1999, sent to printer.)
 1-9     COMMITTEE SUBSTITUTE FOR S.B. No. 274               By:  Armbrister
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to class actions.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Subchapter A, Chapter 22, Government Code, is
1-15     amended by adding Section 22.015 to read as follows:
1-16           Sec. 22.015.  CLASS ACTIONS.  The supreme court by rule may
1-17     allow certification of a class of persons for the purpose of
1-18     settling an action that is different from the persons that may have
1-19     been certified as a class for the purpose of litigating the action.
1-20           SECTION 2.  Subsections (b) and (d), Section 22.225,
1-21     Government Code, are amended to read as follows:
1-22           (b)  Except as provided by Subsection (c) or (d), a judgment
1-23     of a court of appeals is conclusive on the law and facts, and a
1-24     review may not be granted by [writ of error is not allowed from]
1-25     the supreme court, in the following civil cases:
1-26                 (1)  a case appealed from a county court or from a
1-27     district court when, under the constitution, a county court would
1-28     have had original or appellate jurisdiction of the case, with the
1-29     exception of a probate matter or a case involving state revenue
1-30     laws or the validity or construction of a statute;
1-31                 (2)  a case of a contested election other than a
1-32     contested election for a state officer, with the exception of a
1-33     case where the validity of a statute is questioned by the decision;
1-34                 (3)  an appeal from an interlocutory order appointing a
1-35     receiver or trustee or from other interlocutory appeals that are
1-36     allowed by law;
1-37                 (4)  an appeal from an order or judgment in a suit in
1-38     which a temporary injunction has been granted or refused or when a
1-39     motion to dissolve has been granted or overruled; and
1-40                 (5)  all other cases except the cases where appellate
1-41     jurisdiction is given to the supreme court and is not made final in
1-42     the courts of appeals.
1-43           (d)  Review [A writ of error] is allowed in [from] the
1-44     supreme court for an appeal from an interlocutory order described
1-45     by Section 51.014(a)(3) or (6) [Section 51.014(6)], Civil Practice
1-46     and Remedies Code.
1-47           SECTION 3.  Section 51.014, Civil Practice and Remedies Code,
1-48     is amended by amending Subsection (b) and adding Subsection (c) to
1-49     read as follows:
1-50           (b)  Except as provided by Subsection (c), an [An]
1-51     interlocutory appeal under Subsection (a) shall have the effect of
1-52     staying the commencement of a trial in the trial court pending
1-53     resolution of the appeal.
1-54           (c)  An interlocutory appeal under Subsection (a)(3) shall
1-55     have the effect of staying all proceedings in the trial court
1-56     pending resolution of the appeal.
1-57           SECTION 4.  This Act takes effect September 1, 1999, and
1-58     applies only to an action commenced on or after that date.  An
1-59     action that commenced before the effective date of this Act is
1-60     governed by the law applicable to the action immediately before the
1-61     effective date of this Act, and that law is continued in effect for
1-62     that purpose.
1-63           SECTION 5.  The importance of this legislation and the
1-64     crowded condition of the calendars in both houses create an
 2-1     emergency and an imperative public necessity that the
 2-2     constitutional rule requiring bills to be read on three several
 2-3     days in each house be suspended, and this rule is hereby suspended.
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