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.