Texas 2019 - 86th Regular

Texas House Bill HB36 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 36
	1	+	By: Ortega, et al. (Senate Sponsor - Rodríguez) H.B. No. 36
	2	+	(In the Senate - Received from the House April 16, 2019;
	3	+	April 17, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 19, 2019, reported adversely,
	5	+	with favorable Committee Substitute by the following vote: Yeas 5,
	6	+	Nays 0; May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 36 By: Lucio
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to expedited proceedings in cases involving dangerously
6	14		damaged or deteriorated or substandard buildings or improvements in
7	15		certain municipalities.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 51.014(a), Civil Practice and Remedies
10	18		Code, is amended to read as follows:
11	19		(a) A person may appeal from an interlocutory order of a
12	20		district court, county court at law, statutory probate court, or
13	21		county court that:
14	22		(1) appoints a receiver or trustee;
15	23		(2) overrules a motion to vacate an order that
16	24		appoints a receiver or trustee;
17	25		(3) certifies or refuses to certify a class in a suit
18	26		brought under Rule 42 of the Texas Rules of Civil Procedure;
19	27		(4) grants or refuses a temporary injunction or grants
20	28		or overrules a motion to dissolve a temporary injunction as
21	29		provided by Chapter 65;
22	30		(5) denies a motion for summary judgment that is based
23	31		on an assertion of immunity by an individual who is an officer or
24	32		employee of the state or a political subdivision of the state;
25	33		(6) denies a motion for summary judgment that is based
26	34		in whole or in part upon a claim against or defense by a member of
27	35		the electronic or print media, acting in such capacity, or a person
28	36		whose communication appears in or is published by the electronic or
29	37		print media, arising under the free speech or free press clause of
30	38		the First Amendment to the United States Constitution, or Article
31	39		I, Section 8, of the Texas Constitution, or Chapter 73;
32	40		(7) grants or denies the special appearance of a
33	41		defendant under Rule 120a, Texas Rules of Civil Procedure, except
34	42		in a suit brought under the Family Code;
35	43		(8) grants or denies a plea to the jurisdiction by a
36	44		governmental unit as that term is defined in Section 101.001;
37	45		(9) denies all or part of the relief sought by a motion
38	46		under Section 74.351(b), except that an appeal may not be taken from
39	47		an order granting an extension under Section 74.351;
40	48		(10) grants relief sought by a motion under Section
41	49		74.351(l);
42	50		(11) denies a motion to dismiss filed under Section
43	51		90.007;
44	52		(12) denies a motion to dismiss filed under Section
45	53		27.003; [or]
46	54		(13) denies a motion for summary judgment filed by an
47	55		electric utility regarding liability in a suit subject to Section
48	56		75.0022; or
49	57		(14) denies a motion filed by a municipality with a
50	58		population of 500,000 or more in an action filed under Section
51	59		54.012(6) or 214.0012, Local Government Code.
52	60		SECTION 2. Subchapter B, Chapter 54, Local Government Code,
53	61		is amended by adding Section 54.0155 to read as follows:
54	62		Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL
55	63		ACTIONS. (a) A court shall expedite any proceeding, including an
56	64		appeal in accordance with Subsection (b), related to a suit brought
57	65		under this subchapter for the enforcement of an ordinance adopted
58	66		by a municipality with a population of 500,000 or more relating to
59	67		dangerously damaged or deteriorated structures or improvements as
60	68		described by Section 54.012(6).
61	69		(b) An appeal of a suit described by Subsection (a) is
62	70		governed by the procedures for accelerated appeals in civil cases
63	71		under the Texas Rules of Appellate Procedure. The appellate court
64	72		shall render its final order or judgment with the least possible
65	73		delay.
66	74		SECTION 3. Section 214.001, Local Government Code, is
67	75		amended by adding Subsection (s) to read as follows:
68	76		(s) A court shall expedite any proceeding, including an
69	77		appeal in accordance with Section 214.0012, related to a
70	78		substandard building determination under this section by a
71	79		municipality with a population of 500,000 or more.
72	80		SECTION 4. Section 214.0012, Local Government Code, is
73	81		amended by adding Subsection (i) to read as follows:
74	82		(i) An appeal under this section for an action in which a
75	83		municipality with a population of 500,000 or more is a party is
76	84		governed by the procedures for accelerated appeals in civil cases
77	85		under the Texas Rules of Appellate Procedure. The district court
78	86		shall render its final order or judgment with the least possible
79	87		delay.
80	88		SECTION 5. This Act takes effect immediately if it receives
81	89		a vote of two-thirds of all the members elected to each house, as
82	90		provided by Section 39, Article III, Texas Constitution. If this
83	91		Act does not receive the vote necessary for immediate effect, this
84	92		Act takes effect September 1, 2019.
85		-	______________________________ ______________________________
86		-	President of the Senate Speaker of the House
87		-	I certify that H.B. No. 36 was passed by the House on April
88		-	16, 2019, by the following vote: Yeas 121, Nays 12, 1 present, not
89		-	voting; and that the House concurred in Senate amendments to H.B.
90		-	No. 36 on May 24, 2019, by the following vote: Yeas 102, Nays 38, 4
91		-	present, not voting.
92		-	______________________________
93		-	Chief Clerk of the House
94		-	I certify that H.B. No. 36 was passed by the Senate, with
95		-	amendments, on May 22, 2019, by the following vote: Yeas 25, Nays
96		-	6.
97		-	______________________________
98		-	Secretary of the Senate
99		-	APPROVED: __________________
100		-	Date
101		-	__________________
102		-	Governor
	93	+	* * * * *