SRC-BWC H.B. 978 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 978
By: Eiland (Bernsen)
Jurisprudence
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, interlocutory orders are able to be reviewed on appeal only
under certain circumstances. An appealable interlocutory order
automatically stays the commencement of a trial pending resolution of the
appeal.  H.B. 978 provides that, under certain circumstances, the
commencement of a trial is not stayed pending the resolution of certain
appeals of interlocutory orders relating to temporary injunctions and
motions for summary judgment in free speech cases.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.014, Civil Practice and Remedies Code, to
provide that a denial of a motion for summary judgment, special appearance,
or plea to the jurisdiction described by this section is not subject to the
automatic stay of the commencement of trial under this section unless the
motion, special appearance, or plea to the jurisdiction is filed and
requested for submission or hearing before the trial court not later than
the later of a certain date.  Authorizes a district court to issue a
written order for interlocutory appeal in a civil action not otherwise
appealable under this section under certain circumstances.  Provides that
an appeal under this section does not stay proceedings in the district
court unless the parties agree and the district court, the court of
appeals, or a judge of court of appeals orders a stay of the proceedings.
Authorizes the appellate court to permit an appeal to be taken from that
order.  Makes a conforming change.  

SECTION 2.  Effective date: September 1, 2001.

SECTION 3.  Makes application of this Act prospective.