H.B. No. 36
AN ACT
relating to expedited proceedings in cases involving dangerously
damaged or deteriorated or substandard buildings or improvements in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003; [or]
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022; or
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code.
SECTION 2. Subchapter B, Chapter 54, Local Government Code,
is amended by adding Section 54.0155 to read as follows:
Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL
ACTIONS. (a) A court shall expedite any proceeding, including an
appeal in accordance with Subsection (b), related to a suit brought
under this subchapter for the enforcement of an ordinance adopted
by a municipality with a population of 500,000 or more relating to
dangerously damaged or deteriorated structures or improvements as
described by Section 54.012(6).
(b) An appeal of a suit described by Subsection (a) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The appellate court
shall render its final order or judgment with the least possible
delay.
SECTION 3. Section 214.001, Local Government Code, is
amended by adding Subsection (s) to read as follows:
(s) A court shall expedite any proceeding, including an
appeal in accordance with Section 214.0012, related to a
substandard building determination under this section by a
municipality with a population of 500,000 or more.
SECTION 4. Section 214.0012, Local Government Code, is
amended by adding Subsection (i) to read as follows:
(i) An appeal under this section for an action in which a
municipality with a population of 500,000 or more is a party is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The district court
shall render its final order or judgment with the least possible
delay.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 36 was passed by the House on April
16, 2019, by the following vote: Yeas 121, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 36 on May 24, 2019, by the following vote: Yeas 102, Nays 38, 4
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 36 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 25, Nays
6.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor