HBA-ATS H.B. 2581 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2581
By: Eiland
Civil Practices
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Generally, interlocutory orders (a temporary or provisional order that does
not determine a cause of action but decides some intervening matter
pertaining to the cause) are not reviewable on appeal because some issue of
the case is reserved for future adjudication.  If provided for by statute
or rule, however, interlocutory orders are appealable.  Section 51.014 of
the Civil Practice and Remedies Code (code) contains specific grants of
jurisdiction over appeals from certain interlocutory orders.  Before 1997,
the code permitted the appeal of an interlocutory order: appointing a
receiver or trustee and an order overruling a motion to vacate an order
that appoints a receiver or trustee; certifying or refusing to certify a
class in a suit; granting or refusing a temporary injunction or granting or
overruling a motion to dissolve a temporary injunction; denying motions for
summary judgment based on official immunity; and denying a motion for
summary judgment that is based in whole or in part upon a free speech claim
made by members of the electronic and print media, and those whose
statements have been published in the media.  In 1997, the Texas
Legislature added two more provisions authorizing the appeal of an
interlocutory order.  First, an order granting or denying a defendant's
special appearance under Rule 120 of the Texas Rules of Civil Procedure is
appealable. Second, an order granting or denying a governmental unit's plea
to the jurisdiction is appealable. Under the code, an appeal of an
interlocutory order automatically stays the commencement of the trial
pending resolution of the appeal. 

H.B. 2581 provides that a denial of a motion for summary judgment based on
official immunity or based in whole or in part upon a free speech claim
made by members of the electronic and print media, and those whose
statements have been published in the media, a denial of a special
appearance under Rule 120 of the Texas Rules of Civil Procedure, or a
denial of a governmental unit's plea to the jurisdiction does not
automatically stay the commencement of the trial pending resolution of the
appeal.  However, these types of interlocutory orders are automatically
stayed if they are filed and set for submission or hearing before the trial
court, by the later of the 100th day before the date of the first trial
setting or the 150th day after the date the defendant files the original
answer or the first other responsive pleading to the plaintiff's petition. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.014, Civil Practice and Remedies Code, by
adding Subsection (c), as follows: 

(c) Provides that a denial of a motion for summary judgment, special
appearance, or plea to the jurisdiction described by Subsections (a)(5)-(8)
does not automatically stay the commencement of the trial pending
resolution of the appeal, but does provide that these types of
interlocutory orders are automatically stayed if they are filed and set for
submission or hearing before the trial court, by the later of the 100th day
before the date of the first trial setting or the 150th day after the date
the defendant files the original answer or the first other responsive
pleading to the plaintiff's petition. 

 SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.