By: Smithee (Senate Sponsor - Creighton) H.B. No. 2776
(In the Senate - Received from the House May 8, 2017;
May 9, 2017, read first time and referred to Committee on State
Affairs; May 19, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 1;
May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2776 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain appellants to supersede a judgment
or order on appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.004, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) The supreme court shall adopt rules to provide that the
right of an appellant under Section 6.001(b)(1), (2), or (3), Civil
Practice and Remedies Code, to supersede a judgment or order on
appeal is not subject to being counter-superseded under Rule
24.2(a)(3), Texas Rules of Appellate Procedure, or any other rule.
Counter-supersedeas shall remain available to parties in a lawsuit
concerning a matter that was the basis of a contested case in an
administrative enforcement action.
SECTION 2. The Texas Supreme Court shall adopt the rules
required by Section 22.004(i), Government Code, as added by this
Act, before May 1, 2018.
SECTION 3. This Act takes effect September 1, 2017.
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