78R3677 DAK-D

By:  Hinojosa                                                     S.B. No. 385



A BILL TO BE ENTITLED

AN ACT

relating to the appeal of an order denying a motion for sanctions 
against a frivolous pleading or motion.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.014(a), Civil Practice and Remedies 
Code,  is amended to read as follows:
	(a)  A person may appeal from an interlocutory order of a 
district court, county court at law, or county court that:
		(1)  appoints a receiver or trustee;                                          
		(2)  overrules a motion to vacate an order that 
appoints a receiver or trustee;
		(3)  certifies or refuses to certify a class in a suit 
brought under Rule 42 of the Texas Rules of Civil Procedure;
		(4)  grants or refuses a temporary injunction or grants 
or overrules a motion to dissolve a temporary injunction as 
provided by Chapter 65;
		(5)  denies a motion for summary judgment that is based 
on an assertion of immunity by an individual who is an officer or 
employee of the state or a political subdivision of the state;
		(6)  denies a motion for summary judgment that is based 
in whole or in part upon a claim against or defense by a member of 
the electronic or print media, acting in such capacity, or a person 
whose communication appears in or is published by the electronic or 
print media, arising under the free speech or free press clause of 
the First Amendment to the United States Constitution, or Article 
1, Section 8, of the Texas Constitution, or Chapter 73;
		(7)  grants or denies the special appearance of a 
defendant under Rule 120a, Texas Rules of Civil Procedure, except 
in a suit brought under the Family Code; [or]
		(8)  grants or denies a plea to the jurisdiction by a 
governmental unit as that term is defined in Section 101.001; or
		(9)  denies a motion under Section 10.002 for sanctions 
against a frivolous pleading or motion.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to a suit commenced on or after that date.  A suit 
commenced before the effective date of this Act is governed by the 
law applicable to the suit immediately before the effective date of 
this Act, and that law is continued in effect for that purpose.