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A BILL TO BE ENTITLED
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AN ACT
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relating to permissive interlocutory appeals in civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 51.014, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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(d) A district court, statutory county court [at law], |
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statutory probate court, or county court may in a civil action by |
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[issue a] written order permit an appeal from an [for] |
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interlocutory order that is [appeal in a civil action] not |
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otherwise appealable [under this section] if: |
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(1) [the parties agree that] the interlocutory order |
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involves a controlling question of law as to which there is a |
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substantial ground for difference of opinion; and |
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(2) an immediate appeal from the order may materially |
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advance the ultimate termination of the litigation[; and
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[(3) the parties agree to the order]. |
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SECTION 2. Subsection (e), Section 51.014, Civil Practice |
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and Remedies Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to a civil action pending or commenced on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |