By Nixon H.B. No. 1961
77R381 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appeal to the supreme court of an interlocutory
1-3 order to certify or refuse to certify a class action.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 22.225(b) and (d), Government Code, are
1-6 amended to read as follows:
1-7 (b) Except as provided by Subsection (c) or (d), a judgment
1-8 of a court of appeals is conclusive on the law and facts, and a
1-9 petition for review [writ of error] is not allowed to [from] the
1-10 supreme court, in the following civil cases:
1-11 (1) a case appealed from a county court or from a
1-12 district court when, under the constitution, a county court would
1-13 have had original or appellate jurisdiction of the case, with the
1-14 exception of a probate matter or a case involving state revenue
1-15 laws or the validity or construction of a statute;
1-16 (2) a case of a contested election other than a
1-17 contested election for a state officer, with the exception of a
1-18 case where the validity of a statute is questioned by the decision;
1-19 (3) an appeal from an interlocutory order appointing a
1-20 receiver or trustee or from other interlocutory appeals that are
1-21 allowed by law;
1-22 (4) an appeal from an order or judgment in a suit in
1-23 which a temporary injunction has been granted or refused or when a
1-24 motion to dissolve has been granted or overruled; and
2-1 (5) all other cases except the cases where appellate
2-2 jurisdiction is given to the supreme court and is not made final in
2-3 the courts of appeals.
2-4 (d) A petition for review [writ of error] is allowed to
2-5 [from] the supreme court for an appeal from an interlocutory order
2-6 described by Section 51.014(a)(3) or (6) [51.014(6)], Civil
2-7 Practice and Remedies Code.
2-8 SECTION 2. This Act takes effect September 1, 2001, and
2-9 applies only to the appeal of an interlocutory order from a court
2-10 if the order was rendered on or after the effective date of this
2-11 Act. Appeal of an interlocutory order rendered before the
2-12 effective date of this Act is governed by the law in effect at the
2-13 time the order was rendered, and that law is continued in effect
2-14 for that purpose.