BILL ANALYSIS

 

 

Senate Research Center

S.B. 1083

83R9503 CAE-F

By: Rodríguez

 

Jurisprudence

 

4/24/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Section 51.014 (Appeal from Interlocutory Order) of the Civil Practice and Remedies Code allows a party to appeal an interlocutory order from a district court, county court at law, or a county court.  Although the appeals are rare, there is currently no permission to appeal an interlocutory order from a statutory probate court.  This can be problematic, as a probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters.

 

S.B. 1083 expands the list by adding statutory probate courts to the types of courts whose interlocutory orders can be appealed.

 

As proposed, S.B. 1083 amends current law relating to an appeal from an interlocutory order of certain courts.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 51.014(a), Civil Practice and Remedies Code, to authorize a person to appeal from an interlocutory order of certain courts, including statutory probate courts.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2013.