Bill Text: TX HB2776 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the right of certain appellants to supersede a judgment or order on appeal.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB2776 Detail]

Download: Texas-2017-HB2776-Enrolled.html
 
 
  H.B. No. 2776
 
 
 
 
AN ACT
  relating to the right of certain appellants to supersede a judgment
  or order on appeal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.004, Government Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  The supreme court shall adopt rules to provide that the
  right of an appellant under Section 6.001(b)(1), (2), or (3), Civil
  Practice and Remedies Code, to supersede a judgment or order on
  appeal is not subject to being counter-superseded under Rule
  24.2(a)(3), Texas Rules of Appellate Procedure, or any other rule.  
  Counter-supersedeas shall remain available to parties in a lawsuit
  concerning a matter that was the basis of a contested case in an
  administrative enforcement action.
         SECTION 2.  The Texas Supreme Court shall adopt the rules
  required by Section 22.004(i), Government Code, as added by this
  Act, before May 1, 2018.
         SECTION 3.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2776 was passed by the House on May 6,
  2017, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2776 on May 24, 2017, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2776 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 26, Nays
  5.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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