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.