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


Office of House Bill AnalysisH.B. 978
By: Eiland
Civil Practices
2/20/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, interlocutory orders are 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 set for submission or hearing before the trial court not
later than the later of specified dates. 

The bill authorizes a district court to issue a written order for
interlocutory appeal in a civil action not otherwise appealable if the
court determines the order involves a controlling question of law to which
there is a substantial ground for difference of opinion and an immediate
appeal from the order may materially advance the ultimate termination of
the litigation.  The bill provides that such an appeal does not stay
proceedings in the district court unless 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. 

The bill repeals law relating to the appeal of a general arbitration
judgment or decree or an order regarding the grant or denial of an
application to stay or compel arbitration, and the confirmation,
modification, correction, or vacation of an award. 

EFFECTIVE DATE

September 1, 2001.