Bill Text: TX SB1513 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-19 - Referred to State Affairs [SB1513 Detail]
Download: Texas-2013-SB1513-Introduced.html
| 83R6699 SCL-F | ||
| By: Ellis | S.B. No. 1513 | |
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| relating to the interlocutory appeal of a denial of a motion to | ||
| dismiss in an action involving the exercise of certain | ||
| constitutional rights. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 51.014(a) and (b), Civil Practice and | ||
| Remedies Code, are amended to read as follows: | ||
| (a) A person may appeal from an interlocutory order of a | ||
| district court, county court at law, 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); | ||
| (10-a) denies a motion to dismiss filed under Section | ||
| 27.003; or | ||
| (11) denies a motion to dismiss filed under Section | ||
| 90.007. | ||
| (b) An interlocutory appeal under Subsection (a), other | ||
| than an appeal under Subsection (a)(4), stays the commencement of a | ||
| trial in the trial court pending resolution of the appeal. An | ||
| interlocutory appeal under Subsection (a)(3), (5), [ |
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| (10-a) also stays all other proceedings in the trial court pending | ||
| resolution of that appeal. | ||
| SECTION 2. The change in law made by this Act applies to a | ||
| denial of a motion to dismiss made on or after the effective date of | ||
| this Act. A denial of a motion to dismiss made before the effective | ||
| date of this Act is governed by the law in effect immediately before | ||
| the effective date of this Act, and that law is continued in effect | ||
| for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
