H.B. No. 2776
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appeal is not subject to being counter-superseded under Rule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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2776 was passed by the House on May 6,
2017, by the following vote: Yeas 141, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2776 on May 24, 2017, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2776 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor