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By:  Rose, Cook of Navarro                                        H.B. No. 1294



A BILL TO BE ENTITLED

AN ACT

relating to permissive interlocutory appeals in civil actions.                
	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), (e), and (f) and 
adding Subsections (d-1) and (g) to read as follows:
	(d)  In a civil action, other than a suit affecting the 
parent-child relationship or a suit for divorce, or other than a 
suit under general maritime law or under the Jones Act, in which the 
amount in controversy exceeds $100,000, excluding interest, 
statutory or punitive damages and penalties, and attorney's fees 
and costs, a trial [A district] court may, by [issue a] written 
order, permit an appeal from an [for] interlocutory order that is
[appeal in a civil action] not otherwise appealable [under this 
section] if:
		(1)  [the parties agree that] the interlocutory order 
involves a controlling question of law that is determinative of the 
outcome and as to which there is a substantial ground for difference 
of opinion;
		(2)  an immediate appeal from the interlocutory order 
may materially advance the ultimate termination of the litigation; 
and
		(3)  the interlocutory order is not reviewable by 
petition for writ of mandamus [parties agree to the order].
	(d-1)  In a suit affecting the parent-child relationship, a 
suit for divorce, a suit under general maritime law or under the 
Jones Act, or a civil action in which the amount in controversy does 
not exceed $100,000, excluding interest, statutory or punitive 
damages and penalties, and attorney's fees and costs, a trial court 
may permit an appeal under Subsection (d) if the criteria in 
Subdivisions (1)-(3) of that subsection are met and the parties 
agree to an interlocutory appeal in accordance with this section.
	(e)  The order permitting an [An] appeal under Subsection (d) 
or (d-1) must be included in the interlocutory order being 
appealed.  If the interlocutory order addresses more than one 
question of law, the order must state which questions are subject to 
appeal.
	(f)  An appeal under Subsection (d) or (d-1) does not stay 
proceedings in the trial [district] court unless the parties agree 
to a stay or [and] the trial or appellate [district] court[, the 
court of appeals, or a judge of the court of appeals] orders a stay 
[of the proceedings].  If the trial or appellate court orders a stay 
of proceedings in the trial court, the stay expires on the date set 
by the court in accordance with this section.  The stay must expire 
not later than the 18-month anniversary of the date on which the 
trial court signs the interlocutory order being appealed and may 
not be extended beyond that date.  If more than one interlocutory 
appeal is allowed in the same civil action under Subsection (d) or 
(d-1), the cumulative length of all stays granted under this 
section may not exceed 18 months unless otherwise agreed by the 
parties.
	(g)  An appellate court may, in its discretion, accept an 
appeal permitted by Subsection (d) or (d-1) if the appealing party 
files in [(f)  If application is made to] the court of appeals 
having [that has] appellate jurisdiction over the action a motion 
for leave to appeal [not later than the 10th day after the date an 
interlocutory order under Subsection (d) is entered, the appellate 
court may permit an appeal to be taken from that order].  The motion 
must be filed in the court of appeals not later than the 20th day 
after the date the trial court signs the order permitting the 
appeal.  If the court of appeals grants leave to appeal, the 
appealing party must pursue the appeal in accordance with the 
procedures set forth in the Texas Rules of Appellate Procedure for 
an accelerated appeal.  The date the court of appeals enters the 
order accepting the appeal starts the time for filing the notice of 
appeal.
	SECTION 2.  The change in law made by this Act does not apply 
to an action filed before the effective date of this Act. An action 
filed 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 3.  This Act takes effect September 1, 2005.