| |
|
|
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. |
|
|
|
|
|
* * * * * |