BILL ANALYSIS

H.B. 3647

By: Oliverson

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In City of El Paso v. Heinrich (Tex. 2009), the Texas Supreme Court held that suits against state officials are not barred by sovereign immunity, provided that the official acted beyond their legal authority. The bill author has informed the committee that despite this ruling, subsequent cases created ambiguity allowing governmental entities to file interlocutory appeals in ultra vires claims, often delaying or obstructing valid legal challenges. H.B. 3647 seeks to address the issue of ultra vires claims in Texas by codifying the existing judicial framework established in that case law and clarifying the appropriate scope of interlocutory appeals.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3647 amends the Civil Practice and Remedies Code to limit the authorization of a person to appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court by excluding from the authorization an order granting or denying a plea to the jurisdiction by a governmental unit, defined by reference to statutory provisions relating to tort claims, with respect to a mandamus action or a claim alleging performance of an ultra vires act. The bill expressly requires the court to strictly construe this limitation.

H.B. 3647 requires a court of appeals, in the case of an appeal of an order denying a plea to the jurisdiction by a governmental unit with respect to a mandamus action or a claim alleging performance of an ultra vires act, to order the governmental unit to pay all costs and reasonable attorney's fees of the appeal if the order appealed from is affirmed.

H.B. 3647 applies only to an order issued on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2025.