| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to appeals from orders granting or denying a plea to the |
|
|
jurisdiction by a governmental unit in certain circumstances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 51.014, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsection (a) and adding Subsections |
|
|
(a-1) and (a-2) to read as follows: |
|
|
(a) A person may appeal from an interlocutory order of a |
|
|
district court, county court at law, statutory probate court, or |
|
|
county court that: |
|
|
(1) appoints a receiver or trustee; |
|
|
(2) overrules a motion to vacate an order that |
|
|
appoints a receiver or trustee; |
|
|
(3) certifies or refuses to certify a class in a suit |
|
|
brought under Rule 42 of the Texas Rules of Civil Procedure; |
|
|
(4) grants or refuses a temporary injunction or grants |
|
|
or overrules a motion to dissolve a temporary injunction as |
|
|
provided by Chapter 65; |
|
|
(5) denies a motion for summary judgment that is based |
|
|
on an assertion of immunity by an individual who is an officer or |
|
|
employee of the state or a political subdivision of the state; |
|
|
(6) denies a motion for summary judgment that is based |
|
|
in whole or in part upon a claim against or defense by a member of |
|
|
the electronic or print media, acting in such capacity, or a person |
|
|
whose communication appears in or is published by the electronic or |
|
|
print media, arising under the free speech or free press clause of |
|
|
the First Amendment to the United States Constitution, or Article |
|
|
I, Section 8, of the Texas Constitution, or Chapter 73; |
|
|
(7) grants or denies the special appearance of a |
|
|
defendant under Rule 120a, Texas Rules of Civil Procedure, except |
|
|
in a suit brought under the Family Code; |
|
|
(8) except as provided by Subsection (a-1), grants or |
|
|
denies a plea to the jurisdiction by a governmental unit as that |
|
|
term is defined in Section 101.001; |
|
|
(9) denies all or part of the relief sought by a motion |
|
|
under Section 74.351(b), except that an appeal may not be taken from |
|
|
an order granting an extension under Section 74.351; |
|
|
(10) grants relief sought by a motion under Section |
|
|
74.351(l); |
|
|
(11) denies a motion to dismiss filed under Section |
|
|
90.007; |
|
|
(12) denies a motion to dismiss filed under Section |
|
|
27.003; |
|
|
(13) denies a motion for summary judgment filed by an |
|
|
electric utility regarding liability in a suit subject to Section |
|
|
75.0022; |
|
|
(14) denies a motion filed by a municipality with a |
|
|
population of 500,000 or more in an action filed under Section |
|
|
54.012(6) or 214.0012, Local Government Code; |
|
|
(15) makes a preliminary determination on a claim |
|
|
under Section 74.353; |
|
|
(16) overrules an objection filed under Section |
|
|
148.003(d) or denies all or part of the relief sought by a motion |
|
|
under Section 148.003(f); or |
|
|
(17) grants or denies a motion for summary judgment |
|
|
filed by a contractor based on Section 97.002. |
|
|
(a-1) Subsection (a) does not apply to an order granting or |
|
|
denying a plea to the jurisdiction by a governmental unit as that |
|
|
term is defined by Section 101.001 with respect to: |
|
|
(1) a mandamus action; or |
|
|
(2) a claim alleging performance of an ultra vires |
|
|
act. |
|
|
(a-2) A court shall strictly construe the limitation |
|
|
described by Subsection (a-1). |
|
|
SECTION 2. Section 51.015, Civil Practice and Remedies |
|
|
Code, is amended to read as follows: |
|
|
Sec. 51.015. COSTS OF APPEAL. (a) In the case of an appeal |
|
|
brought pursuant to Section 51.014(a)(6), if the order appealed |
|
|
from is affirmed, the court of appeals shall order the appellant to |
|
|
pay all costs and reasonable attorney's [attorney] fees of the |
|
|
appeal; otherwise, each party shall be liable for and taxed its own |
|
|
costs of the appeal. |
|
|
(b) In the case of an appeal of an order denying a plea to |
|
|
the jurisdiction by a governmental unit as that term is defined by |
|
|
Section 101.001 with respect to a mandamus action or a claim |
|
|
alleging performance of an ultra vires act, if the order appealed |
|
|
from is affirmed, the court of appeals shall order the governmental |
|
|
unit to pay all costs and reasonable attorney's fees of the appeal. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an order issued on or after the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |