| 1 | 1 | | By: Lewis (Senate Sponsor - Rodriguez) H.B. No. 1874 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 16, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 6, Nays 0; May 16, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to an appeal from an interlocutory order of certain |
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| 11 | 11 | | courts. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | (a) A person may appeal from an interlocutory order of a |
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| 16 | 16 | | district court, county court at law, statutory probate court, or |
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| 17 | 17 | | county court that: |
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| 18 | 18 | | (1) appoints a receiver or trustee; |
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| 19 | 19 | | (2) overrules a motion to vacate an order that |
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| 20 | 20 | | appoints a receiver or trustee; |
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| 21 | 21 | | (3) certifies or refuses to certify a class in a suit |
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| 22 | 22 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
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| 23 | 23 | | (4) grants or refuses a temporary injunction or grants |
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| 24 | 24 | | or overrules a motion to dissolve a temporary injunction as |
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| 25 | 25 | | provided by Chapter 65; |
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| 26 | 26 | | (5) denies a motion for summary judgment that is based |
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| 27 | 27 | | on an assertion of immunity by an individual who is an officer or |
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| 28 | 28 | | employee of the state or a political subdivision of the state; |
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| 29 | 29 | | (6) denies a motion for summary judgment that is based |
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| 30 | 30 | | in whole or in part upon a claim against or defense by a member of |
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| 31 | 31 | | the electronic or print media, acting in such capacity, or a person |
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| 32 | 32 | | whose communication appears in or is published by the electronic or |
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| 33 | 33 | | print media, arising under the free speech or free press clause of |
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| 34 | 34 | | the First Amendment to the United States Constitution, or Article |
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| 35 | 35 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
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| 36 | 36 | | (7) grants or denies the special appearance of a |
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| 37 | 37 | | defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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| 38 | 38 | | in a suit brought under the Family Code; |
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| 39 | 39 | | (8) grants or denies a plea to the jurisdiction by a |
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| 40 | 40 | | governmental unit as that term is defined in Section 101.001; |
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| 41 | 41 | | (9) denies all or part of the relief sought by a motion |
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| 42 | 42 | | under Section 74.351(b), except that an appeal may not be taken from |
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| 43 | 43 | | an order granting an extension under Section 74.351; |
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| 44 | 44 | | (10) grants relief sought by a motion under Section |
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| 45 | 45 | | 74.351(l); or |
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| 46 | 46 | | (11) denies a motion to dismiss filed under Section |
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| 47 | 47 | | 90.007. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act to Section |
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| 49 | 49 | | 51.014(a), Civil Practice and Remedies Code, applies only to an |
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| 50 | 50 | | appeal of an interlocutory order rendered on or after the effective |
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| 51 | 51 | | date of this Act. An appeal of an interlocutory order rendered |
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| 52 | 52 | | before the effective date of this Act is governed by the law in |
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| 53 | 53 | | effect immediately before that date, and the former law is |
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| 54 | 54 | | continued in effect for that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 56 | 56 | | * * * * * |
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