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.

Spectrum: Partisan Bill (Democrat 1-0)

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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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), [or] (8), or
  (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.
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