BILL ANALYSIS |
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H.B. 2986 |
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By: Moody |
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Judiciary & Civil Jurisprudence |
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Committee Report (Unamended) |
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BACKGROUND AND PURPOSE
Oftentimes an interlocutory appeal stays the commencement of a trial or proceedings in the applicable trial court. However, the bill author has informed the committee that this can cause irreparable harm in instances such as when a temporary restraining order may be needed or when a dying witness may need to be deposed, and the lack of action endangers the petitioner or a pending suit. H.B. 2986 seeks to address the potential harm caused by a stay of proceedings by authorizing an appellate court to lift the stay for the specific and limited purpose of preventing that irreparable harm.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
H.B. 2986 amends the Civil Practice and Remedies Code to authorize an appellate court, in connection with an interlocutory appeal, to lift a stay on a party's motion if the appellate court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public.
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EFFECTIVE DATE
September 1, 2025.
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