LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION March 13, 2023 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1561 by Smithee (Relating to the decision of a court of appeals not to accept certain interlocutory appeals.), As Introduced The fiscal implications of the bill cannot be determined due to a lack of interlocutory appeal data. The bill would provide that if a court of appeals does not accept an interlocutory appeal of an order that involves certain controlling questions of law on which there is substantial ground for difference of opinion where the appeal from the order may materially advance the ultimate termination of the litigation, the appeals court must state in its decision the specific reason for finding the appeal is not warranted. The bill authorizes the Texas Supreme Court to review an appeals court decision not to accept an interlocutory appeal under an abuse of discretion standard. The fiscal implications cannot be determined due to a lack of interlocutory appeal data. Based on information provided by the Office of Court Administration, interlocutory appeal data are not collected so an estimate of volume and related cost cannot be made. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council LBB Staff: b > td > JMc, KDw, MW, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 13, 2023
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1561 by Smithee (Relating to the decision of a court of appeals not to accept certain interlocutory appeals.), As Introduced
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB1561 by Smithee (Relating to the decision of a court of appeals not to accept certain interlocutory appeals.), As Introduced
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB1561 by Smithee (Relating to the decision of a court of appeals not to accept certain interlocutory appeals.), As Introduced
HB1561 by Smithee (Relating to the decision of a court of appeals not to accept certain interlocutory appeals.), As Introduced
The fiscal implications of the bill cannot be determined due to a lack of interlocutory appeal data.
The fiscal implications of the bill cannot be determined due to a lack of interlocutory appeal data.
The bill would provide that if a court of appeals does not accept an interlocutory appeal of an order that involves certain controlling questions of law on which there is substantial ground for difference of opinion where the appeal from the order may materially advance the ultimate termination of the litigation, the appeals court must state in its decision the specific reason for finding the appeal is not warranted. The bill authorizes the Texas Supreme Court to review an appeals court decision not to accept an interlocutory appeal under an abuse of discretion standard. The fiscal implications cannot be determined due to a lack of interlocutory appeal data. Based on information provided by the Office of Court Administration, interlocutory appeal data are not collected so an estimate of volume and related cost cannot be made.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: b > td > JMc, KDw, MW, BH
JMc, KDw, MW, BH