HBA-CCH H.B. 2181 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2181
By: Nixon, Joe
Civil Practices
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

In civil cases involving a request to certify a class involving an
unsolicited good, the Texas Supreme Court must initiate a writ of error to
review the lower court's certification decision.  House Bill 2181 allows
the parties in a suit to petition the Texas Supreme Court to review an
interlocutory order certifying or refusing to certify a class action
involving the delivery or receipt of an unsolicited good. 

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. 

ANALYSIS

House Bill 2181 amends the Business & Commerce and Government codes to
authorize the Texas Supreme Court to review the decision of a court of
appeals in an interlocutory appeal taken to the court of appeals in a class
action involving the delivery or receipt of unsolicited goods.  The bill
provides that an interlocutory appeal is carried to the supreme court by
petition for review in the same manner as an appeal taken from a final
judgment of a court of appeals.   

The bill amends the Business & Commerce and Civil Practice and Remedies
codes to provide that, notwithstanding any court rule to the contrary, an
interlocutory appeal stays all proceedings in the trial court pending
resolution of the appeal.  The provisions of this bill do not affect the
jurisdiction of the court of appeals in civil cases.  

The bill repeals law related to a person's right to refuse unsolicited
goods and whether a person is required to return the goods. 

EFFECTIVE DATE

September 1, 2001.