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.