Relating to prohibited denial of a stay of proceedings for a contested case for which an interlocutory appeal has been filed.
Impact
If enacted, HB 3275 would alter the existing procedures that apply in contested cases, enhancing the legal protections for parties involved. By guaranteeing the right to request a stay of proceedings during an ongoing interlocutory appeal, the bill seeks to mitigate potential harms that could occur if a party was compelled to proceed without the opportunity to challenge earlier rulings. This change is likely to affect cases involving various state administrative processes, providing a more equitable landscape for those engaged in disputes with governmental bodies.
Summary
House Bill 3275 proposes an amendment to the Government Code of Texas regarding procedural stays for contested cases. The bill explicitly prohibits a state agency or an administrative law judge from denying a request for a stay of proceedings if an interlocutory appeal has been filed in a contested case. This legislative change aims to secure the rights of individuals and entities by ensuring that they are not forced to proceed with administrative processes or litigations while an appeal is pending, thus promoting fairness within the administrative legal framework.
Contention
The bill’s proponents argue that it upholds judicial fairness by preventing state agencies from undermining statutory rights related to the appeals process. They contend that this measure is essential for ensuring that individuals and businesses can adequately prepare and advocate for their positions without the pressure of concurrent proceedings. However, opponents may express concerns that such amendments could lead to administrative delays, potentially burdening the already strained resources of state agencies and prolonging dispute resolution.
Notable_points
An essential aspect of HB 3275 is its focus on the balance between efficient administrative processes and the rights of litigants. By codifying the prohibition on the denial of stays pending interlocutory appeals, this bill could set a precedent for how Texas handles similar issues in the future, potentially influencing both legislative practices and administrative law interpretations within the state.
Relating to redesignation of certain provisions describing court orders eligible for an interlocutory appeal and a stay of proceedings pending certain interlocutory appeals.
Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Relating to the automatic stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.