By Wohlgemuth                                          H.B. No. 148
         77R1134 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appeal of an interlocutory order to certify or
 1-3     refuse to certify a class action.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 22, Government Code, is
 1-6     amended by adding Section 22.0011 to read as follows:
 1-7           Sec. 22.0011.  JURISDICTION TO REVIEW INTERLOCUTORY APPEAL IN
 1-8     CLASS ACTIONS.  (a)  The supreme court may review the decision of a
 1-9     court of appeals in an interlocutory appeal taken to the court of
1-10     appeals in a class action under Section 51.014(a)(3), Civil
1-11     Practice and Remedies Code.
1-12           (b)  An appeal under this section is carried to the supreme
1-13     court by petition for review in the same manner as an appeal taken
1-14     from a final judgment of a court of appeals.
1-15           (c)  Notwithstanding any court rule to the contrary, an
1-16     appeal under this section stays all proceedings in the trial court
1-17     pending resolution of the appeal.
1-18           (d)  This section does not affect the jurisdiction of the
1-19     court of appeals under Section 22.225.
1-20           SECTION 2.  Sections 22.225(b) and (d), Government Code, are
1-21     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]
 2-1     the supreme court, in the following  civil cases:
 2-2                 (1)  a case appealed from a county court or from a
 2-3     district court when, under the constitution, a county court would
 2-4     have had original or appellate jurisdiction of the case, with the
 2-5     exception of a probate matter or a case involving state revenue
 2-6     laws or the validity or construction of a statute;
 2-7                 (2)  a case of a contested election other than a
 2-8     contested election for a state officer, with the exception of a
 2-9     case where the validity of a statute is questioned by the decision;
2-10                 (3)  an appeal from an interlocutory order appointing a
2-11     receiver or trustee or from other interlocutory appeals that are
2-12     allowed by law;
2-13                 (4)  an appeal from an order or judgment in a suit in
2-14     which a temporary injunction has been granted or refused or when a
2-15     motion to dissolve has been granted or overruled; and
2-16                 (5)  all other cases except the cases where appellate
2-17     jurisdiction is given to the supreme court and is not made final in
2-18     the courts of appeals.
2-19           (d)  Review [A writ of error] is allowed in [from] the
2-20     supreme court for an appeal from an interlocutory order described
2-21     by Sections 51.014(a)(3) and (6) [Section 51.014(6)], Civil
2-22     Practice and Remedies Code.
2-23           SECTION 3.  Section 51.014, Civil Practice and Remedies Code,
2-24     is amended by adding Subsection (c) to read as follows:
2-25           (c)  Notwithstanding any court rule to the contrary, the
2-26     appeal of an interlocutory order under Subsection (a)(3) stays all
2-27     proceedings in the trial court pending resolution of the appeal.
 3-1           SECTION 4.  (a)  This Act takes effect September 1, 2001.
 3-2           (b)  This Act applies only to:
 3-3                 (1)  a suit commenced on or after the effective date of
 3-4     this Act; and
 3-5                 (2)  an appeal of an interlocutory class certification
 3-6     order issued under Rule 42, Texas Rules of Civil Procedure,
 3-7     commenced or pending on or after the effective date of this Act.