By Eiland                                              H.B. No. 978
         77R1821 AJA-F                           
                                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 set
1-16     for submission or hearing before the trial court not later than the
1-17     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 150th day after the date the defendant files:
1-21                       (A)  the original answer; or
1-22                       (B)  the first other responsive pleading to the
1-23     plaintiff's petition.
1-24           (d)  A district court may issue a written order for
 2-1     interlocutory appeal in a civil action not otherwise appealable
 2-2     under this section if:
 2-3                 (1)  the court determines the order involves a
 2-4     controlling question of law as to which there is a substantial
 2-5     ground for difference of opinion; and
 2-6                 (2)  an immediate appeal from the order may materially
 2-7     advance the ultimate termination of the litigation.
 2-8           (e)  An appeal under Subsection (d) does not stay proceedings
 2-9     in the district court unless the district court, the court of
2-10     appeals, or a judge of the court of appeals orders a stay of the
2-11     proceedings.
2-12           (f)  If application is made to the court of appeals that has
2-13     appellate jurisdiction over the action not later than the 10th day
2-14     after the date an interlocutory order under Subsection (d) is
2-15     entered, the appellate court may permit an appeal to be taken from
2-16     that order.
2-17           SECTION 2.  Section 171.098, Civil Practice and Remedies
2-18     Code, is repealed.
2-19           SECTION 3.  This Act takes effect September 1, 2001.
2-20           SECTION 4.  This Act applies only to a suit that is commenced
2-21     on or after the effective date of this Act.  A suit that is
2-22     commenced before the effective date of this Act is governed by the
2-23     law applicable to the suit immediately before the effective date of
2-24     this Act, and that law is continued in effect for that purpose.
2-25           SECTION 5.  The repeal by this Act of Section 171.098, Civil
2-26     Practice and Remedies Code, applies only to an order issued or
2-27     judgment entered by a court on or after the effective date of this
 3-1     Act.  An order issued or judgment entered before the effective date
 3-2     of this Act is governed by the law as it existed immediately before
 3-3     the effective date of this Act, and that law is continued in effect
 3-4     for that purpose.