1-1     By:  Eiland (Senate Sponsor - Bernsen)                 H.B. No. 978
 1-2           (In the Senate - Received from the House April 11, 2001;
 1-3     April 17, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 8, 2001, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the appeal of certain orders, judgments, and decrees.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 51.014, Civil Practice and Remedies Code,
1-11     is amended by amending Subsection (b) and adding Subsections (c),
1-12     (d), (e), and (f) to read as follows:
1-13           (b)  An interlocutory appeal under Subsection (a), other than
1-14     an appeal under Subsection (a)(4), shall have the effect of staying
1-15     the  commencement of a trial in the trial court pending resolution
1-16     of the appeal.
1-17           (c)  A denial of a motion for summary judgment, special
1-18     appearance, or plea to the jurisdiction described by Subsection
1-19     (a)(5), (7), or (8) is not subject to the automatic stay of the
1-20     commencement of trial under Subsection (b) unless the motion,
1-21     special appearance, or plea to the jurisdiction is filed and
1-22     requested for submission or hearing before the trial court not
1-23     later than the later of:
1-24                 (1)  a date set by the trial court in a scheduling
1-25     order entered under the Texas Rules of Civil Procedure; or
1-26                 (2)  the 180th day after the date the defendant files:
1-27                       (A)  the original answer;
1-28                       (B)  the first other responsive pleading to the
1-29     plaintiff's petition; or
1-30                       (C)  if the plaintiff files an amended pleading
1-31     that alleges a new cause of action against the defendant and the
1-32     defendant is able to raise a defense to the new cause of action
1-33     under Subsection (a)(5), (7), or (8), the responsive pleading that
1-34     raises that defense.
1-35           (d)  A district court may issue a written order for
1-36     interlocutory appeal in a civil action not otherwise appealable
1-37     under this section if:
1-38                 (1)  the parties agree that the order involves a
1-39     controlling question of law as to which there is a substantial
1-40     ground for difference of opinion;
1-41                 (2)  an immediate appeal from the order may materially
1-42     advance the ultimate termination of the litigation; and
1-43                 (3)  the parties agree to the order.
1-44           (e)  An appeal under Subsection (d) does not stay proceedings
1-45     in the district court unless the parties agree and the district
1-46     court, the court of appeals, or a judge of the court of appeals
1-47     orders a stay of the proceedings.
1-48           (f)  If application is made to the court of appeals that has
1-49     appellate jurisdiction over the action not later than the 10th day
1-50     after the date an interlocutory order under Subsection (d) is
1-51     entered, the appellate court may permit an appeal to be taken from
1-52     that order.
1-53           SECTION 2.  This Act takes effect September 1, 2001.
1-54           SECTION 3.  This Act applies only to a suit that is commenced
1-55     on or after the effective date of this Act.  A suit that is
1-56     commenced before the effective date of this Act is governed by the
1-57     law applicable to the suit immediately before the effective date of
1-58     this Act, and that law is continued in effect for that purpose.
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