1-1 AN ACT
1-2 relating to the appeal of certain orders, judgments, and decrees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.014, Civil Practice and Remedies Code,
1-5 is amended by amending Subsection (b) and adding Subsections (c),
1-6 (d), (e), and (f) to read as follows:
1-7 (b) An interlocutory appeal under Subsection (a), other than
1-8 an appeal under Subsection (a)(4), shall have the effect of staying
1-9 the commencement of a trial in the trial court pending resolution
1-10 of the appeal.
1-11 (c) A denial of a motion for summary judgment, special
1-12 appearance, or plea to the jurisdiction described by Subsection
1-13 (a)(5), (7), or (8) is not subject to the automatic stay of the
1-14 commencement of trial under Subsection (b) unless the motion,
1-15 special appearance, or plea to the jurisdiction is filed and
1-16 requested for submission or hearing before the trial court not
1-17 later than the later of:
1-18 (1) a date set by the trial court in a scheduling
1-19 order entered under the Texas Rules of Civil Procedure; or
1-20 (2) the 180th day after the date the defendant files:
1-21 (A) the original answer;
1-22 (B) the first other responsive pleading to the
1-23 plaintiff's petition; or
1-24 (C) if the plaintiff files an amended pleading
2-1 that alleges a new cause of action against the defendant and the
2-2 defendant is able to raise a defense to the new cause of action
2-3 under Subsection (a)(5), (7), or (8), the responsive pleading that
2-4 raises that defense.
2-5 (d) A district court may issue a written order for
2-6 interlocutory appeal in a civil action not otherwise appealable
2-7 under this section if:
2-8 (1) the parties agree that the order involves a
2-9 controlling question of law as to which there is a substantial
2-10 ground for difference of opinion;
2-11 (2) an immediate appeal from the order may materially
2-12 advance the ultimate termination of the litigation; and
2-13 (3) the parties agree to the order.
2-14 (e) An appeal under Subsection (d) does not stay proceedings
2-15 in the district court unless the parties agree and the district
2-16 court, the court of appeals, or a judge of the court of appeals
2-17 orders a stay of the proceedings.
2-18 (f) If application is made to the court of appeals that has
2-19 appellate jurisdiction over the action not later than the 10th day
2-20 after the date an interlocutory order under Subsection (d) is
2-21 entered, the appellate court may permit an appeal to be taken from
2-22 that order.
2-23 SECTION 2. This Act takes effect September 1, 2001.
2-24 SECTION 3. This Act applies only to a suit that is commenced
2-25 on or after the effective date of this Act. A suit that is
2-26 commenced before the effective date of this Act is governed by the
2-27 law applicable to the suit immediately before the effective date of
3-1 this Act, and that law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 978 was passed by the House on April
10, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 978 was passed by the Senate on May
17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor