By Dutton H.B. No. 740 77R11738 SGA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to summary judgments issued by a court. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle C, Title 2, Civil Practice and Remedies 1-5 Code, is amended by adding Chapter 40 to read as follows: 1-6 CHAPTER 40. SUMMARY JUDGMENT 1-7 Sec. 40.001. DEFINITION. In this chapter, "claim" means: 1-8 (1) a claim, counterclaim, or cross-claim under which 1-9 a person seeks recovery of damages or other relief that may be 1-10 granted by a court; or 1-11 (2) an action to obtain a declaratory judgment. 1-12 Sec. 40.002. REQUIREMENTS OF MOTION AND ORDER. (a) A motion 1-13 for summary judgment must identify each specific ground on which 1-14 summary judgment is requested by one or more separate paragraphs. 1-15 (b) A motion for summary judgment must be accompanied by a 1-16 proposed order specifying separately the grounds on which summary 1-17 judgment is requested, in the same order and corresponding to the 1-18 grounds identified in the motion. The order shall be prepared in 1-19 such a manner that the judge hearing the motion can mark any or 1-20 all grounds as those on which the motion has been granted, as 1-21 applicable. 1-22 (c) If the moving party does not comply with Subsection (a) 1-23 or (b), and the responding party objects in writing not later than 1-24 the seventh day before the date of the hearing scheduled on the 2-1 motion, the court shall continue the hearing and require the moving 2-2 party to refile the motion for summary judgment or submit a proper 2-3 order. If there is an objection and the court requires the moving 2-4 party to refile the motion or submit a proper order, the times for 2-5 notice and response as prescribed by the Texas Rules of Civil 2-6 Procedure begin again as if the motion or order were newly filed or 2-7 submitted. 2-8 Sec. 40.003. SPECIFICATION OF GROUNDS IN ORDER; SCOPE OF 2-9 APPELLATE REVIEW. (a) The judge of a court who grants a motion for 2-10 summary judgment with respect to all or any part of a claim shall 2-11 specify in the order granting the summary judgment the ground or 2-12 grounds on which the motion is granted. 2-13 (b) Notwithstanding any other law, any court hearing an 2-14 appeal from a grant of a motion for summary judgment shall 2-15 determine the appeal only on the grounds specified in the order. 2-16 (c) It is not grounds for reversal of an order of summary 2-17 judgment that the judge who granted the motion for summary judgment 2-18 specified more than one ground on which the motion was granted. 2-19 SECTION 2. This Act applies only to a grant of a motion for 2-20 summary judgment on or after the effective date of this Act. A 2-21 grant of a motion for a summary judgment before the effective date 2-22 of this Act is governed by the law as it existed immediately before 2-23 the effective date of this Act, and that law is continued in effect 2-24 for that purpose. 2-25 SECTION 3. This Act takes effect September 1, 2001.