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79R4776 AJA-D

By:  Nixon                                                        H.B. No. 1133



A BILL TO BE ENTITLED

AN ACT

relating to interlocutory appeals.                                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.014, Civil Practice and Remedies 
Code, is amended by amending Subsections (d) and (e) to read as 
follows:
	(d)  A district court, county court at law, or county court
may issue a written order for interlocutory appeal in a civil action 
not otherwise appealable under this section if:
		(1)  the parties agree that the order involves a 
controlling question of law as to which there is a substantial 
ground for difference of opinion;
		(2)  an immediate appeal from the order may materially 
advance the ultimate termination of the litigation;  and
		(3)  the parties agree to the order.                                          
	(e)  An appeal under Subsection (d) does not stay proceedings 
in the trial [district] court unless the parties agree and the trial 
court [the district court], the court of appeals, or a judge of the 
court of appeals orders a stay of the proceedings.
	SECTION 2.  Section 51.014(f), Civil Practice and Remedies 
Code, is repealed.
	SECTION 3.  (a) Except as provided by this section, the 
change in law made by this Act applies to an action filed before, 
on, or after the effective date of this Act.
	(b)  The change in law made by this Act does not apply to an 
interlocutory order issued under Section 51.014, Civil Practice and 
Remedies Code, before the effective date of this Act.  An 
interlocutory order issued under that section before the effective 
date of this Act is governed by the law in effect immediately before 
that date, and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.