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.