HBA-MSH H.B. 978 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 978
By: Eiland
Civil Practices
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, interlocutory orders were able to be
reviewed on appeal only under certain circumstances.  An appealable
interlocutory order automatically stays the commencement of a trial pending
resolution of the appeal.  House Bill 978 provides that, under certain
circumstances, the commencement of a trial is not stayed pending the
resolution of certain appeals of interlocutory orders relating to temporary
injunctions and motions for summary judgment in free speech cases. 

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 978 amends the Civil Practice and Remedies Code to provide that
an interlocutory appeal regarding a temporary injunction does not have the
effect of staying the commencement of a trial in the trial court pending
resolution of the appeal.  The bill provides that a denial of a motion for
a summary judgment, special appearance, or plea to a specified jurisdiction
is not subject to the automatic stay of the commencement of trial, unless
it is filed and requested for submission or hearing before the trial court
not later than a date set by the trial court or the 180th day after the
filing of an answer or pleading. 

The bill authorizes a district court to issue a written order for
interlocutory appeal in a civil action not otherwise appealable if the
parties in the action agree that the order involves a controlling question
of law to which there is a substantial ground for difference of opinion, an
immediate appeal from the order may materially advance the ultimate
termination of the litigation, and the parties agree to the order.  The
bill provides that such an appeal does not stay proceedings in the district
court unless the parties agree and the district court, the court of
appeals, or a judge of the court of appeals orders a stay of the
proceedings.  The bill authorizes the appellate court to permit an appeal
to be taken from that order if application is made not later than the 10th
day after the date an interlocutory order is entered. 

EFFECTIVE DATE

September 1, 2001.