| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 2009S0545-1 03/03/09 | |
| 2 | 2 | By: Huffman S.B. No. 1384 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to permissive interlocutory appeals in civil actions. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Subsection (d), Section 51.014, Civil Practice | |
| 10 | 10 | and Remedies Code, is amended to read as follows: | |
| 11 | 11 | (d) A district court, statutory county court [at law], | |
| 12 | 12 | statutory probate court, or county court may in a civil action by | |
| 13 | 13 | [issue a] written order permit an appeal from an [for] | |
| 14 | 14 | interlocutory order that is [appeal in a civil action] not | |
| 15 | 15 | otherwise appealable [under this section] if: | |
| 16 | 16 | (1) [the parties agree that] the interlocutory order | |
| 17 | 17 | involves a controlling question of law as to which there is a | |
| 18 | 18 | substantial ground for difference of opinion; and | |
| 19 | 19 | (2) an immediate appeal from the order may materially | |
| 20 | 20 | advance the ultimate termination of the litigation[; and | |
| 21 | 21 | [(3) the parties agree to the order]. | |
| 22 | 22 | SECTION 2. Subsection (e), Section 51.014, Civil Practice | |
| 23 | 23 | and Remedies Code, is repealed. | |
| 24 | 24 | SECTION 3. The change in law made by this Act applies only | |
| 25 | 25 | to a civil action pending or commenced on or after the effective | |
| 26 | 26 | date of this Act. | |
| 27 | 27 | SECTION 4. This Act takes effect September 1, 2009. |