LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 12, 2013 TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2935 by Hunter (Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code to allow an appeal from an interlocutory order denying a motion to dismiss based on the exercise of certain constitutional rights. The bill would repeal the Civil Practice and Remedies Code Section 27.008(c) relating to the timeline for certain appeals. The Office of Court Administration reports that although the bill may increase the number of appeals to the district court, no significant fiscal impact to the court system is anticipated. The change in law would apply only to a denial of a motion to dismiss made after the bill's effective date. The bill would take effect immediately if receiving a two-thirds vote of each house, otherwise the bill would take effect September 1, 2013. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, TB, CL, AM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 12, 2013
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2935 by Hunter (Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.), Committee Report 1st House, Substituted
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2935 by Hunter (Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.), Committee Report 1st House, Substituted
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2935 by Hunter (Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.), Committee Report 1st House, Substituted
HB2935 by Hunter (Relating to the interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to allow an appeal from an interlocutory order denying a motion to dismiss based on the exercise of certain constitutional rights. The bill would repeal the Civil Practice and Remedies Code Section 27.008(c) relating to the timeline for certain appeals. The Office of Court Administration reports that although the bill may increase the number of appeals to the district court, no significant fiscal impact to the court system is anticipated. The change in law would apply only to a denial of a motion to dismiss made after the bill's effective date. The bill would take effect immediately if receiving a two-thirds vote of each house, otherwise the bill would take effect September 1, 2013.
The bill would amend the Civil Practice and Remedies Code to allow an appeal from an interlocutory order denying a motion to dismiss based on the exercise of certain constitutional rights. The bill would repeal the Civil Practice and Remedies Code Section 27.008(c) relating to the timeline for certain appeals. The Office of Court Administration reports that although the bill may increase the number of appeals to the district court, no significant fiscal impact to the court system is anticipated.
The change in law would apply only to a denial of a motion to dismiss made after the bill's effective date. The bill would take effect immediately if receiving a two-thirds vote of each house, otherwise the bill would take effect September 1, 2013.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council
212 Office of Court Administration, Texas Judicial Council
LBB Staff: UP, TB, CL, AM
UP, TB, CL, AM