HBA-GUM, ATS C.S.H.B. 2186 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2186 By: Dutton Civil Practices 4/22/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The purpose of a summary judgment proceeding is to provide for the disposition of controversies that do not present fact issues, but present only questions of law. Under the Texas Rules of Civil Procedure, summary judgment is appropriate if a movant (the party seeking summary judgment) establishes that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law. C.S.H.B. 2186 requires a judge who grants a motion for summary judgment to file written findings of fact and conclusions of law not later than the date on which the judgment is signed. The bill also requires the clerk of the court to include a notice in the citation that a summary judgement against the defendant may result. 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 Subtitle C, Title 2, Civil Practice and Remedies Code, by adding Chapter 40, as follows: CHAPTER 40. SUMMARY JUDGMENT Sec. 40.001. DEFINITION. Defines "claim." Sec. 40.002. WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW REQUIRED. Requires a judge who grants a motion for summary judgment to specify the grounds, in writing, on which the motion is granted not later than the date on which the judgement is signed by the judge of the court. Sec. 40.003. SUMMARY JUDGMENT IN CERTAIN CASES: NOTICE REQUIRED IN CITATION. Requires the clerk of the court, in a claim for a liquidated money demand or a claim involving a sworn account that is brought in a justice court, to include a notice in the citation that, unless a sworn answer is filed on behalf of the defendant, a summary judgement against the defendant may result. Sec. 40.004. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE. Provides that this chapter controls should any conflict between this chapter and the Texas Rules of Civil Procedure arise. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies SECTION 1 (proposed Section 40.002, Civil Practice and Remedies Code) of the original by requiring the judge of a court who grants a motion for summary judgment to specify the grounds, in writing, on which the motion is granted not later than the date on which the judgement is signed by the judge, rather than file written findings of fact and conclusions of law not later than the 30th day after the date on which the judgement is signed. The substitute also modifies SECTION 1 of the original by inserting new Section 40.003 (Summary Judgment in Certain Cases: Notice Required in Citation), Civil Practice and Remedies Code, and redesignating proposed Section 40.003 (Conflict with Texas Rules of Civil Procedure) of the original to Section 40.004. New Section 40.003 requires the clerk of the court, in a claim for a liquidated money demand or a claim involving a sworn account in a justice court, to include a notice in the citation that, unless a sworn answer is filed on behalf of the defendant, a summary judgement against the defendant may result.