HBA-DMH C.S.H.B. 740 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 740
By: Dutton
Civil Practices
4/11/2001
Committee Report (Substituted)



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 judgment 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.  C.S.H.B. 740 requires a judge who
grants a motion for summary judgment to specify the grounds on which the
motion is 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

C.S.H.B. 740 amends the Civil Practice and Remedies Code to set forth
requirements for the contents and preparation of a motion and a proposed
order for summary judgment.  If the moving party does not comply with the
requirements for the contents and preparation of a motion and a proposed
order for summary judgment, and the responding party objects in writing not
later than the seventh day before the date of the hearing scheduled on the
motion, the bill requires the court to continue the hearing and require the
moving party to refile the motion for summary judgment or submit a proper
order.  If there is an objection and the court requires the moving party to
refile the motion or submit a proper order, the times for notice and
response as prescribed by the Texas Rules of Civil Procedure begin again as
if the motion or order were newly filed or submitted. 

The bill requires the judge of a court who grants a motion of summary
judgment with respect to all or part of a claim to specify in the order
granting the summary judgment the grounds on which the motion is granted.
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 order.  The bill provides that it is not grounds for reversal of an
order of summary judgment that the judge who granted the motion for summary
judgment specified more than one ground on which the motion was granted. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 740 differs from the original bill by removing the requirement
that the clerk of a justice court include a notice in the citation
regarding filing a sworn answer in a suit involving a liquidated money
demand or a claim involving a sworn account.  The substitute removes
provisions relating to conflict between the Texas Rules of Civil Procedure
and the provisions of the bill regarding summary judgment.   

 The substitute includes provisions for the contents and preparation of a
motion and a proposed order for summary judgment order and specifies court
procedures should the responding party object to the motion or order.  The
substitute also provides for such a motion or order to be refiled at the
court's request.  The substitute differs from the original by requiring any
court hearing a specified appeal to determine the appeal only on the
grounds specified in the order, rather than in the written findings.