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A BILL TO BE ENTITLED
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AN ACT
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relating to the interlocutory appeal of certain orders regarding |
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the constitutionality, effect, or enforceability of a statute. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; |
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(12) denies a motion to dismiss filed under Section |
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27.003; |
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(13) denies a motion for summary judgment filed by an |
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electric utility regarding liability in a suit subject to Section |
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75.0022; |
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(14) denies a motion filed by a municipality with a |
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population of 500,000 or more in an action filed under Section |
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54.012(6) or 214.0012, Local Government Code; |
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(15) makes a preliminary determination on a claim |
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under Section 74.353; |
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(16) overrules an objection filed under Section |
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148.003(d) or denies all or part of the relief sought by a motion |
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under Section 148.003(f); [or] |
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(17) grants or denies a motion for summary judgment |
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filed by a contractor based on Section 97.002; |
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(18) determines that a statute violates the state or |
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federal constitution; or |
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(19) bars: |
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(A) a statute from taking effect or being |
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enforced; or |
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(B) a person, including a state agency or |
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political subdivision, from acting as if a statute is in full force |
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and effect. |
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SECTION 2. This Act takes effect September 1, 2025. |