BILL ANALYSIS

 

 

Senate Research Center	S.B. 1441
85R7868 AJA-F	By: Creighton
	State Affairs
	4/4/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently when a plaintiff sues the state, the Texas Rules of Appellate Procedure (TRAP) allow the state to supersede a judgment while an appeal is pending. Certain courts will allow a plaintiff to counter-supersede with a minimal bond, allowing the injunction to remain in place while additional appeals are pending, even if the state wins an appeal at another court proceeding.

 

S.B. 1441 directs the Texas Supreme Court to amend TRAP to clarify that the state's right to supersede the judgment or order cannot be overcome by counter-supersedeas.

 

As proposed, S.B. 1441 amends current law relating to the right of certain appellants to supersede a judgment or order on appeal.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Supreme Court in SECTION 1 (Section 22.004, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 22.004, Government Code, by adding Subsection (i), to require the Texas Supreme Court (supreme court) to adopt rules to provide that the right of an appellant under Section 6.001(b)(1) (relating to the exemption of the state from the bond requirements), (2) (relating to the exemption of a department of this state from the bond requirements), or (3) (relating to the exemption of the head of a department of this state from the bond requirements), Civil Practice and Remedies Code, to supersede a judgment or order on appeal is not subject to being counter-superseded under Rule 24.2(a)(3) (relating to other judgments), Texas Rules of Appellate Procedure, or any other rule.

 

SECTION 2. Requires the supreme court to adopt the rules required by Section 22.004(i), Government Code, as added by this Act, before May 1, 2018.

 

SECTION 3. Effective date: September 1, 2017.

 

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