BILL ANALYSIS

H.B. 1561

By: Smithee

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A recent Texas Supreme Court ruling provided that state law gives a court of appeals unfettered discretion to deny a permissive interlocutory appeal as long as the court minimally complies with the Texas Rules of Appellate Procedure requirement that the court give basic reasons for its decisions. Although the supreme court urged courts of appeals to accept more permissive appeals in order to further the legislature's policy of resolving disputes as efficiently as possible, the court held that it does not have authority under state law to mandate them to do so, though the legislature could change the statute to require more appeals to be heard. H.B. 1561 seeks to address this issue by requiring courts of appeals to state their reasons for denying a permissive appeal under state law and granting the supreme court explicit authority to review the courts of appeals decisions under an abuse of discretion standard.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1561 amends the Civil Practice and Remedies Code to require a court of appeals, if it does not accept an appeal from an interlocutory order that is permitted to be appealed based on the order involving a controlling question of law as to which there is a substantial ground for difference of opinion and the possibility that an immediate appeal may materially advance the ultimate termination of the litigation, to state in its decision the specific reason for finding that the appeal is not warranted. The bill authorizes the Texas Supreme Court to review the decision by the court of appeals under an abuse of discretion standard. The bill's provisions apply only to an application for interlocutory appeal filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.