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A BILL TO BE ENTITLED
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AN ACT
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relating to the interlocutory appeal of a denial of a motion to |
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dismiss in an action involving the exercise of certain |
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constitutional rights. |
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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) and (b), Civil Practice and |
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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, or 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 based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(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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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(10-a) denies a motion to dismiss filed under Section |
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27.003; or |
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(11) denies a motion to dismiss filed under Section |
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90.007. |
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(b) An interlocutory appeal under Subsection (a), other |
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than an appeal under Subsection (a)(4), stays the commencement of a |
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trial in the trial court pending resolution of the appeal. An |
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interlocutory appeal under Subsection (a)(3), (5), [or] (8), or |
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(10-a) also stays all other proceedings in the trial court pending |
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resolution of that appeal. |
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SECTION 2. The change in law made by this Act applies to a |
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denial of a motion to dismiss made on or after the effective date of |
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this Act. A denial of a motion to dismiss made before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |