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H.B. No. 1294
AN ACT
relating to interlocutory appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014, Civil Practice and Remedies
Code, is amended by amending Subsections (d) and (e) to read as
follows:
(d) A district court, county court at law, or county court
may issue a written order for interlocutory appeal in a civil action
not otherwise appealable under this section if:
(1) the parties agree that the order involves a
controlling question of law as to which there is a substantial
ground for difference of opinion;
(2) an immediate appeal from the order may materially
advance the ultimate termination of the litigation; and
(3) the parties agree to the order.
(e) An appeal under Subsection (d) does not stay proceedings
in the trial [district] court unless the parties agree and the trial
court [the district court], the court of appeals, or a judge of the
court of appeals orders a stay of the proceedings.
SECTION 2. Section 51.014(f), Civil Practice and Remedies
Code, is repealed.
SECTION 3. (a) Except as provided by this section, the
change in law made by this Act applies to an action filed before,
on, or after the effective date of this Act.
(b) The change in law made by this Act does not apply to an
interlocutory order issued under Section 51.014, Civil Practice and
Remedies Code, before the effective date of this Act. An
interlocutory order issued under that section before the effective
date of this Act is governed by the law in effect immediately before
that date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1294 was passed by the House on May
13, 2005, by the following vote: Yeas 83, Nays 56, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1294 on May 27, 2005, by the following vote: Yeas 111, Nays 30,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1294 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor