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. 1-59 * * * * *