HBA-MSH H.B. 978 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 978 By: Eiland Civil Practices 2/20/2001 Introduced BACKGROUND AND PURPOSE Currently, interlocutory orders are able to be reviewed on appeal only under certain circumstances. An appealable interlocutory order automatically stays the commencement of a trial pending resolution of the appeal. House Bill 978 provides that, under certain circumstances, the commencement of a trial is not stayed pending the resolution of certain appeals of interlocutory orders relating to temporary injunctions and motions for summary judgment in free speech cases. 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 978 amends the Civil Practice and Remedies Code to provide that an interlocutory appeal regarding a temporary injunction does not have the effect of staying the commencement of a trial in the trial court pending resolution of the appeal. The bill provides that a denial of a motion for a summary judgment, special appearance, or plea to a specified jurisdiction is not subject to the automatic stay of the commencement of trial, unless it is filed and set for submission or hearing before the trial court not later than the later of specified dates. The bill authorizes a district court to issue a written order for interlocutory appeal in a civil action not otherwise appealable if the court determines the order involves a controlling question of law to which there is a substantial ground for difference of opinion and an immediate appeal from the order may materially advance the ultimate termination of the litigation. The bill provides that such an appeal does not stay proceedings in the district court unless the district court, the court of appeals, or a judge of the court of appeals orders a stay of the proceedings. The bill authorizes the appellate court to permit an appeal to be taken from that order if application is made not later than the 10th day after the date an interlocutory order is entered. The bill repeals law relating to the appeal of a general arbitration judgment or decree or an order regarding the grant or denial of an application to stay or compel arbitration, and the confirmation, modification, correction, or vacation of an award. EFFECTIVE DATE September 1, 2001.