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A BILL TO BE ENTITLED
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AN ACT
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relating to the court orders eligible for an interlocutory appeal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 51.014(a), (b), and (c), Civil Practice |
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and Remedies Code, are 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 |
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based on an assertion of immunity by an individual who is an officer |
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or employee of the state or a political subdivision of the state;] |
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[(6)] denies a motion for summary judgment that is |
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based in whole or in part upon a claim against or defense by a member |
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of the electronic or print media, acting in such capacity, or a |
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person whose communication appears in or is published by the |
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electronic or print media, arising under the free speech or free |
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press clause of the First Amendment to the United States |
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Constitution, or Article I, Section 8, of the Texas Constitution, |
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or Chapter 73; |
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(6) [(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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(7) [(9)] denies all or part of the relief sought by a |
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motion under Section 74.351(b), except that an appeal may not be |
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taken from an order granting an extension under Section 74.351; |
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(8) [(10)] grants relief sought by a motion under |
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Section 74.351(l); |
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(9) [(11)] denies a motion to dismiss filed under |
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Section 90.007; |
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(10) [(12)] denies a motion to dismiss filed under |
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Section 27.003; |
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(11) [(13)] denies a motion for summary judgment filed |
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by an electric utility regarding liability in a suit subject to |
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Section 75.0022; |
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(12) [(14)] denies a motion filed by a municipality |
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with a population of 500,000 or more in an action filed under |
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Section 54.012(6) or 214.0012, Local Government Code; |
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(13) [(15)] makes a preliminary determination on a |
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claim under Section 74.353; |
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(14) [(16)] overrules an objection filed under |
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Section 148.003(d) or denies all or part of the relief sought by a |
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motion under Section 148.003(f); or |
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(15) [(17)] grants or denies a motion for summary |
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judgment filed by a contractor based on Section 97.002. |
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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), (8),] or 10 [(12)] also stays all |
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other proceedings in the trial court pending resolution of that |
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appeal. |
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(c) A denial of a [motion for summary judgment,] special |
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appearance[, or plea to the jurisdiction] described by Subsection |
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(a)(6) [(a)(5), (7), or (8)] is not subject to the automatic stay |
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under Subsection (b) unless the [motion,] special appearance[, or |
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plea to the jurisdiction] is filed and requested for submission or |
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hearing before the trial court not later than the later of: |
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(1) a date set by the trial court in a scheduling order |
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entered under the Texas Rules of Civil Procedure; or |
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(2) the 180th day after the date the defendant files: |
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(A) the original answer; |
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(B) the first other responsive pleading to the |
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plaintiff's petition; or |
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(C) if the plaintiff files an amended pleading |
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that alleges a new cause of action against the defendant and the |
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defendant is able to raise a defense to the new cause of action |
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under Subsection (a)(6) [(a)(5), (7), or (8)], the responsive |
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pleading that raises that defense. |
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SECTION 2. Section 51.015, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 51.015. COSTS OF APPEAL. In the case of an appeal |
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brought pursuant to Section 51.014(a)(5) [51.014(a)(6)], if the |
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order appealed from is affirmed, the court of appeals shall order |
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the appellant to pay all costs and reasonable attorney fees of the |
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appeal; otherwise, each party shall be liable for and taxed its own |
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costs of the appeal. |
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SECTION 3. Section 2301.756(a), Occupations Code, is |
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amended to read as follows: |
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(a) A writ of error is allowed from the supreme court for an |
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appeal of an interlocutory order described by Section 51.014(a)(3) |
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or (5) [(6)], Civil Practice and Remedies Code, in a civil action |
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involving a license holder. |
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SECTION 4. This Act takes effect September 1, 2025. |