2009S0545-1 03/03/09
By: Huffman S.B. No. 1384
A BILL TO BE ENTITLED
AN ACT
relating to permissive interlocutory appeals in civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 51.014, Civil Practice
and Remedies Code, is amended to read as follows:
(d) A district court, statutory county court [at law],
statutory probate court, or county court may in a civil action by
[issue a] written order permit an appeal from an [for]
interlocutory order that is [appeal in a civil action] not
otherwise appealable [under this section] if:
(1) [the parties agree that] the interlocutory order
involves a controlling question of law as to which there is a
substantial ground for difference of opinion; and
(2) an immediate appeal from the order may materially
advance the ultimate termination of the litigation[; and
[(3) the parties agree to the order].
SECTION 2. Subsection (e), Section 51.014, Civil Practice
and Remedies Code, is repealed.
SECTION 3. The change in law made by this Act applies only
to a civil action pending or commenced on or after the effective
date of this Act.
SECTION 4. This Act takes effect September 1, 2009.