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A BILL TO BE ENTITLED
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AN ACT
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relating to redesignation of certain provisions describing court |
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orders eligible for an interlocutory appeal and a stay of |
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proceedings pending certain interlocutory appeals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6), and 813 |
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(H.B. 2086), Acts of the 87th Legislature, Regular Session, 2021, |
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is reenacted and amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; |
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(12) denies a motion to dismiss filed under Section |
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27.003; |
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(13) denies a motion for summary judgment filed by an |
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electric utility regarding liability in a suit subject to Section |
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75.0022; |
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(14) denies a motion filed by a municipality with a |
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population of 500,000 or more in an action filed under Section |
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54.012(6) or 214.0012, Local Government Code; [or] |
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(15) makes a preliminary determination on a claim |
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under Section 74.353; |
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(16) [(15)] overrules an objection filed under |
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Section 148.003(d) or denies all or part of the relief sought by a |
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motion under Section 148.003(f); or |
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(17) [(15)] grants or denies a motion for summary |
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judgment filed by a contractor based on Section 97.002. |
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SECTION 2. Section 51.014, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsections |
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(c-1) and (c-2) to read as follows: |
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(b) An interlocutory appeal under Subsection (a), other |
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than an appeal under Subsection (a)(4) or in a suit brought under |
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the Family Code, stays the commencement of a trial in the trial |
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court pending resolution of the appeal. An interlocutory appeal |
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under Subsection (a)(3), (5), or (8)[, or (12)] also stays all other |
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proceedings in the trial court pending resolution of that appeal. |
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An interlocutory appeal under Subsection (a)(12) stays |
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commencement of a trial and other proceedings in the trial court as |
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provided by Subsection (c-1). |
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(c-1) A denial of a motion to dismiss described by |
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Subsection (a)(12): |
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(1) stays commencement of a trial and other |
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proceedings in the trial court until the 61st day after the date the |
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order denying the motion is signed if the order denying the motion |
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states the motion was: |
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(A) denied as not timely filed under Section |
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27.003(b); |
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(B) denied because the action is exempt under a |
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specified subdivision of Section 27.010(a); or |
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(C) determined to be frivolous or solely intended |
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to delay under Section 27.009(b); or |
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(2) stays commencement of a trial and other |
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proceedings in the trial court pending resolution of the appeal if |
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the motion was denied for a reason not provided by Subdivision (1) |
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or the order does not state a reason for denying the motion. |
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(c-2) For a denial of a motion to dismiss to which |
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Subsection (c-1)(1) applies, the court of appeals in which the |
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appeal from the order denying the motion to dismiss is filed may |
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stay commencement of trial and other proceedings in the trial court |
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on a determination that the appellant is likely to succeed on the |
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merits or in the interest of justice. |
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SECTION 3. The change in law made by this Act applies only |
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to the denial of a motion to dismiss ordered on or after the |
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effective date of this Act. A denial of a motion to dismiss ordered |
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before the effective date of this Act is governed by the law |
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applicable to the denial immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |