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A BILL TO BE ENTITLED
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AN ACT
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relating to the stay of proceedings pending an interlocutory appeal |
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of a denial of a motion to dismiss in an action involving the |
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exercise of certain constitutional rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. 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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |