Bill Text: TX HB3129 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to redesignation of certain provisions describing court orders eligible for an interlocutory appeal and a stay of proceedings pending certain interlocutory appeals.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-23 - Not again placed on intent calendar [HB3129 Detail]
Download: Texas-2023-HB3129-Comm_Sub.html
By: Guerra (Senate Sponsor - Hughes) | H.B. No. 3129 | |
(In the Senate - Received from the House May 3, 2023; | ||
May 5, 2023, read first time and referred to Committee on | ||
Jurisprudence; May 19, 2023, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 1; | ||
May 19, 2023, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3129 | By: Hughes |
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relating to redesignation of certain provisions describing court | ||
orders eligible for an interlocutory appeal and a stay of | ||
proceedings pending certain interlocutory appeals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.014(a), Civil Practice and Remedies | ||
Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6), and 813 | ||
(H.B. 2086), Acts of the 87th Legislature, Regular Session, 2021, | ||
is reenacted and amended to read as follows: | ||
(a) A person may appeal from an interlocutory order of a | ||
district court, county court at law, statutory probate court, or | ||
county court that: | ||
(1) appoints a receiver or trustee; | ||
(2) overrules a motion to vacate an order that | ||
appoints a receiver or trustee; | ||
(3) certifies or refuses to certify a class in a suit | ||
brought under Rule 42 of the Texas Rules of Civil Procedure; | ||
(4) grants or refuses a temporary injunction or grants | ||
or overrules a motion to dissolve a temporary injunction as | ||
provided by Chapter 65; | ||
(5) denies a motion for summary judgment that is based | ||
on an assertion of immunity by an individual who is an officer or | ||
employee of the state or a political subdivision of the state; | ||
(6) denies a motion for summary judgment that is based | ||
in whole or in part upon a claim against or defense by a member of | ||
the electronic or print media, acting in such capacity, or a person | ||
whose communication appears in or is published by the electronic or | ||
print media, arising under the free speech or free press clause of | ||
the First Amendment to the United States Constitution, or Article | ||
I, Section 8, of the Texas Constitution, or Chapter 73; | ||
(7) grants or denies the special appearance of a | ||
defendant under Rule 120a, Texas Rules of Civil Procedure, except | ||
in a suit brought under the Family Code; | ||
(8) grants or denies a plea to the jurisdiction by a | ||
governmental unit as that term is defined in Section 101.001; | ||
(9) denies all or part of the relief sought by a motion | ||
under Section 74.351(b), except that an appeal may not be taken from | ||
an order granting an extension under Section 74.351; | ||
(10) grants relief sought by a motion under Section | ||
74.351(l); | ||
(11) denies a motion to dismiss filed under Section | ||
90.007; | ||
(12) denies a motion to dismiss filed under Section | ||
27.003; | ||
(13) denies a motion for summary judgment filed by an | ||
electric utility regarding liability in a suit subject to Section | ||
75.0022; | ||
(14) denies a motion filed by a municipality with a | ||
population of 500,000 or more in an action filed under Section | ||
54.012(6) or 214.0012, Local Government Code; [ |
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(15) makes a preliminary determination on a claim | ||
under Section 74.353; | ||
(16) [ |
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Section 148.003(d) or denies all or part of the relief sought by a | ||
motion under Section 148.003(f); or | ||
(17) [ |
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judgment filed by a contractor based on Section 97.002. | ||
SECTION 2. Section 51.014, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (b) and adding Subsections | ||
(c-1) and (c-2) to read as follows: | ||
(b) An interlocutory appeal under Subsection (a), other | ||
than an appeal under Subsection (a)(4) or in a suit brought under | ||
the Family Code, stays the commencement of a trial in the trial | ||
court pending resolution of the appeal. An interlocutory appeal | ||
under Subsection (a)(3), (5), or (8)[ |
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proceedings in the trial court pending resolution of that appeal. | ||
An interlocutory appeal under Subsection (a)(12) stays | ||
commencement of a trial and other proceedings in the trial court as | ||
provided by Subsection (c-1). | ||
(c-1) A denial of a motion to dismiss described by | ||
Subsection (a)(12): | ||
(1) stays commencement of a trial and other | ||
proceedings in the trial court until the 61st day after the date the | ||
order denying the motion is signed if the order denying the motion | ||
states the motion was: | ||
(A) denied as not timely filed under Section | ||
27.003(b); | ||
(B) denied because the action is exempt under a | ||
specified subdivision of Section 27.010(a); or | ||
(C) determined to be frivolous or solely intended | ||
to delay under Section 27.009(b); or | ||
(2) stays commencement of a trial and other | ||
proceedings in the trial court pending resolution of the appeal if | ||
the motion was denied for a reason not provided by Subdivision (1) | ||
or the order does not state a reason for denying the motion. | ||
(c-2) For a denial of a motion to dismiss to which | ||
Subsection (c-1)(1) applies, the court of appeals in which the | ||
appeal from the order denying the motion to dismiss is filed may | ||
stay commencement of trial and other proceedings in the trial court | ||
on a determination that the appellant is likely to succeed on the | ||
merits or in the interest of justice. | ||
SECTION 3. The change in law made by this Act applies only | ||
to the denial of a motion to dismiss ordered on or after the | ||
effective date of this Act. A denial of a motion to dismiss ordered | ||
before the effective date of this Act is governed by the law | ||
applicable to the denial immediately before the effective date of | ||
this Act, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
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