1-1                                   AN ACT
 1-2     relating to the appeal of certain orders, judgments, and decrees.
 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:  __________________________