77R8172 AJA-F By Eiland H.B. No. 978 Substitute the following for H.B. No. 978: By Janek C.S.H.B. No. 978 A BILL TO BE ENTITLED 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), (6), (7), or (8) is not subject to the automatic stay of 1-14 the 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), (6), (7), or (8), the responsive pleading 2-4 that 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.