BILL ANALYSIS Senate Research Center S.B. 1083 83R9503 CAE-F By: Rodrguez Jurisprudence 4/24/2013 As Filed
BILL ANALYSIS
Senate Research Center S.B. 1083
83R9503 CAE-F By: Rodrguez
Jurisprudence
4/24/2013
As Filed
Senate Research Center
S.B. 1083
83R9503 CAE-F
By: Rodrguez
Jurisprudence
4/24/2013
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, Section 51.014 (Appeal from Interlocutory Order) of the Civil Practice and Remedies Code allows a party to appeal an interlocutory order from a district court, county court at law, or a county court. Although the appeals are rare, there is currently no permission to appeal an interlocutory order from a statutory probate court. This can be problematic, as a probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters. S.B. 1083 expands the list by adding statutory probate courts to the types of courts whose interlocutory orders can be appealed. As proposed, S.B. 1083 amends current law relating to an appeal from an interlocutory order of certain courts. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 51.014(a), Civil Practice and Remedies Code, to authorize a person to appeal from an interlocutory order of certain courts, including statutory probate courts. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2013.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, Section 51.014 (Appeal from Interlocutory Order) of the Civil Practice and Remedies Code allows a party to appeal an interlocutory order from a district court, county court at law, or a county court. Although the appeals are rare, there is currently no permission to appeal an interlocutory order from a statutory probate court. This can be problematic, as a probate court has exclusive jurisdiction over probate, guardianship, and mental health commitment matters.
S.B. 1083 expands the list by adding statutory probate courts to the types of courts whose interlocutory orders can be appealed.
As proposed, S.B. 1083 amends current law relating to an appeal from an interlocutory order of certain courts.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 51.014(a), Civil Practice and Remedies Code, to authorize a person to appeal from an interlocutory order of certain courts, including statutory probate courts.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2013.