HB 45, Sen 2nd Rdg, Amnd #F1

(1) In SECTION 1 of the bill, in added Section 402.102(b), Government Code (page 1, line 37), following the final sentence of that subsection, insert the following:

The attorney general may submit a request under this subsection only if the attorney general is representing the state in the prosecution of the criminal offense pursuant to Section 402.103(a) or the local prosecuting attorney otherwise agrees to provision of the information under this subsection.

(2) In SECTION 1 of the bill, in added Section 402.103(a), Government Code (page 1, lines 42 through 47), strike Subdivisions (1) and (2) of that subsection and substitute the following:

(1) a law enforcement agency submits a report described by Section 402.102(a) to the local prosecuting attorney and the attorney general;

(2) 180 days have elapsed from the date the report was submitted; and

(3) the local prosecuting attorney has not taken prosecutorial action to prosecute the offense.

(b) If the prosecution of a criminal offense described by Section 402.101 is pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall file with the court in which the prosecution is pending a notice of appearance to represent the state and provide to the local prosecuting attorney a copy of the notice.

(c) If the prosecution of a criminal offense described by Section 402.101 is not pending before a court and the attorney general has jurisdiction to prosecute the criminal offense under Subsection (a), the attorney general shall notify the local prosecuting attorney of the attorney general's intent to represent the state in the prosecution of the offense under Subsection (a).

(3) In SECTION 1 of the bill, in added Section 402.103(b), Government Code (page 1, line 48), strike "(b)" and substitute "(d)".

(4) In SECTION 1 of the bill, in added Section 402.103(b), Government Code (page 1, lines 48 and 49), strike "a district court" and substitute "the court in which the prosecution of a criminal offense described by Section 402.101 is pending".

(5) In SECTION 1 of the bill, in added Section 402.103(b), Government Code (page 1, lines 50 and 51), strike "under Subsection (a) in the prosecution of a criminal offense described by Section 402.101." and substitute "in the prosecution of the offense. The court shall hold a hearing on the motion filed under this subsection not later than the 30th day after the date the motion is filed.".

(6) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 51.014(a), Civil Practice and Remedies Code, is amended to read as follows:

(a) A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65;

(5) denies a motion for summary judgment that is based on an assertion of immunity by an individual who is an officer or employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based in whole or in part upon a claim against or defense by a member of the electronic or print media, acting in such capacity, or a person whose communication appears in or is published by the electronic or print media, arising under the free speech or free press clause of the First Amendment to the United States Constitution, or Article I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure, except in a suit brought under the Family Code;

(8) grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion under Section 74.351(b), except that an appeal may not be taken from an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section 74.351(l);

(11) denies a motion to dismiss filed under Section 90.007;

(12) denies a motion to dismiss filed under Section 27.003;

(13) denies a motion for summary judgment filed by an electric utility regarding liability in a suit subject to Section 75.0022;

(14) denies a motion filed by a municipality with a population of 500,000 or more in an action filed under Section 54.012(6) or 214.0012, Local Government Code;

(15) makes a preliminary determination on a claim under Section 74.353;

(16) overrules an objection filed under Section 148.003(d) or denies all or part of the relief sought by a motion under Section 148.003(f); [or]

(17) grants or denies a motion for summary judgment filed by a contractor based on Section 97.002; or