By: Hughes  S.B. No. 896
         (In the Senate - Filed February 14, 2023; March 1, 2023,
  read first time and referred to Committee on State Affairs;
  March 13, 2023, reported favorably by the following vote:  Yeas 9,
  Nays 0; March 13, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the automatic stay of proceedings pending an
  interlocutory appeal of a denial of a motion to dismiss in an action
  involving the exercise of certain constitutional rights.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.014, Civil Practice and Remedies
  Code, is amended by adding Subsection (c-1) to read as follows:
         (c-1)  A denial of a motion to dismiss described by
  Subsection (a)(12) is not subject to the automatic stay under
  Subsection (b) if the order denying the motion states that the
  motion was:
               (1)  denied as not timely filed under Section
  27.003(b); 
               (2)  determined to be frivolous or solely intended to
  delay under Section 27.009(b); or
               (3)  denied because the action is exempt under Section
  27.010(a).
         SECTION 2.  The change in law made by this Act applies only
  to an action filed on or after the effective date of this Act.  An
  action filed before the effective date of this Act is governed by
  the law applicable to the action immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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