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79R4266 SGA-F

By:  Rose                                                         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.  Sections 51.014(d), (e), and (f), Civil Practice 
and Remedies Code, are amended to read as follows:
	(d)  On a party's motion or on a trial court's own initiative, 
the trial [A district] court in a civil action 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 order to be appealed
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 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 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 pending appeal.
	(f)  An appellate court may accept an appeal permitted by 
Subsection (d) if the appealing party, not later than the 10th day 
after the date the trial court signs the order permitting the 
appeal, files in [If application is made to] the court of appeals 
having [that has] appellate jurisdiction over the action an 
application for permission to appeal explaining why an appeal is 
warranted under Subsection (d) [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]. If the court of appeals accepts the 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 applies only 
to a civil action pending or commenced on or after the effective 
date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.