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By:  Rose                                                         H.B. No. 1294

Substitute the following for H.B. No. 1294:                                   

By:  Rose                                                     C.S.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 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 as to which there is a 
substantial ground for difference of opinion; and
		(2)  an immediate appeal from the interlocutory order 
may materially advance the ultimate termination of the litigation[; 
and
		[(3)  the parties agree to the order].                       
	(d-1)  In 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)-(2) 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].
	(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 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 3.  This Act takes effect September 1, 2005.