HBA-MSH C.S.H.B. 978 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 978 By: Eiland Civil Practices 3/20/2001 Committee Report (Substituted) BACKGROUND 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. C.S.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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 978 amends the Civil Practice and Remedies Code to provide that an interlocutory appeal regarding a temporary injunction does not have the effect of staying the commencement of a trial in the trial court pending resolution of the appeal. The bill provides that a denial of a motion for a summary judgment, special appearance, or plea to a specified jurisdiction is not subject to the automatic stay of the commencement of trial, unless it is filed and requested for submission or hearing before the trial court not later than a date set by the trial court or the 180th day after the filing of an answer or pleading. The bill authorizes a district court to issue a written order for interlocutory appeal in a civil action not otherwise appealable if the parties in the action agree that the order involves a controlling question of law to which there is a substantial ground for difference of opinion, an immediate appeal from the order may materially advance the ultimate termination of the litigation, and the parties agree to the order. The bill provides that such an appeal does not stay proceedings in the district court unless the parties agree and the district court, the court of appeals, or a judge of the court of appeals orders a stay of the proceedings. The bill authorizes the appellate court to permit an appeal to be taken from that order if application is made not later than the 10th day after the date an interlocutory order is entered. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 978 differs from the original by providing that certain motions do not have the effect of staying a trial unless the motion was requested for submission rather than set for submission. The substitute increases from the 150th day to the 180th day the filing deadline of an answer or pleading. The substitute authorizes a district court to issue a written order for an interlocutory appeal if the parties rather than the court agree that the order involves a controlling question of law and the parties agree to the order. The substitute also provides that such an appeal does not stay proceedings in district court unless the parties agree. The substitute does not repeal law relating to the appeal of a general arbitration judgment or decree or an order regarding the grant or denial of an application to stay or compel arbitration, and the confirmation, modification, correction, or vacation of an award.