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AN ACT
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relating to the right of certain appellants to supersede a judgment |
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or order on appeal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.004, Government Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) The supreme court shall adopt rules to provide that the |
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right of an appellant under Section 6.001(b)(1), (2), or (3), Civil |
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Practice and Remedies Code, to supersede a judgment or order on |
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appeal is not subject to being counter-superseded under Rule |
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24.2(a)(3), Texas Rules of Appellate Procedure, or any other rule. |
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Counter-supersedeas shall remain available to parties in a lawsuit |
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concerning a matter that was the basis of a contested case in an |
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administrative enforcement action. |
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SECTION 2. The Texas Supreme Court shall adopt the rules |
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required by Section 22.004(i), Government Code, as added by this |
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Act, before May 1, 2018. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2776 was passed by the House on May 6, |
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2017, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2776 on May 24, 2017, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2776 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 26, Nays |
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5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |