HBA-DMH, MSH H.B. 740 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 740
By: Dutton
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

A summary judgment is a procedural device available in both Texas and
federal courts for adjudicating civil cases without going to trial.
Summary judgement motions are governed by Rule 166a of the Texas Rules of
Civil Procedure.  Under the rule, a motion for summary judgment is granted
when no genuine issue of material fact exists requiring a judgment as a
matter of law.  When a summary judgment is granted, parties may never know
the reason behind the judge's decision.  House Bill 740 requires a judge
who grants a motion for summary judgment to specify in writing the grounds
for which the motion was granted. 

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 740 amends the Civil Practice and Remedies Code to require the
judge of a court who grants a motion of summary judgment with respect to
all or part of a claim to specify the grounds, in writing, on which the
motion is granted not later than the date on which the judgment is signed
by the judge of the court.  The bill requires any court hearing an appeal
from a grant of a motion for summary judgment to determine the appeal only
on the grounds specified in the written findings.  The bill 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 judgment against the defendant may result. 

EFFECTIVE DATE

September 1, 2001.