HBA-NIK H.B. 2994 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2994
By: Culberson
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law allows an appeal of a denial of a motion for summary judgment
only if based either on an assertion of immunity by an individual who is a
state employee, or a claim against or defense by a member of the media.
H.B. 2994 allows a denial of a motion for a summary judgment in a district
court, county court at law, or county court to be appealed if the summary
judgment motion involved a controlling question of law as to which there is
substantial ground for the difference of opinion and the resolution of
which may materially advance the ultimate end of the litigation. 
 
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(a), Civil Practice and Remedies Code, to
include, in the enumerated authorizations for appeal from an interlocutory
order of a district court, court at law, or county court, the denial of a
motion for summary judgment that involves a controlling question of law as
to which there is substantial ground for the difference of opinion, and the
resolution of which may materially advance the ultimate end of the
litigation. 

SECTION 2. Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3. Emergency clause.