| 7 | 3 | | |
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| 8 | 4 | | |
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| 9 | 5 | | A BILL TO BE ENTITLED |
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| 10 | 6 | | AN ACT |
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| 11 | 7 | | relating to expedited proceedings in cases involving dangerously |
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| 12 | 8 | | damaged or deteriorated or substandard buildings or improvements in |
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| 13 | 9 | | a municipality. |
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| 14 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 11 | | SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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| 16 | 12 | | Code, is amended to read as follows: |
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| 17 | 13 | | (a) A person may appeal from an interlocutory order of a |
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| 18 | 14 | | district court, county court at law, statutory probate court, or |
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| 19 | 15 | | county court that: |
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| 20 | 16 | | (1) appoints a receiver or trustee; |
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| 21 | 17 | | (2) overrules a motion to vacate an order that |
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| 22 | 18 | | appoints a receiver or trustee; |
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| 23 | 19 | | (3) certifies or refuses to certify a class in a suit |
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| 24 | 20 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
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| 25 | 21 | | (4) grants or refuses a temporary injunction or grants |
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| 26 | 22 | | or overrules a motion to dissolve a temporary injunction as |
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| 27 | 23 | | provided by Chapter 65; |
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| 28 | 24 | | (5) denies a motion for summary judgment that is based |
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| 29 | 25 | | on an assertion of immunity by an individual who is an officer or |
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| 30 | 26 | | employee of the state or a political subdivision of the state; |
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| 31 | 27 | | (6) denies a motion for summary judgment that is based |
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| 32 | 28 | | in whole or in part upon a claim against or defense by a member of |
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| 33 | 29 | | the electronic or print media, acting in such capacity, or a person |
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| 34 | 30 | | whose communication appears in or is published by the electronic or |
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| 35 | 31 | | print media, arising under the free speech or free press clause of |
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| 36 | 32 | | the First Amendment to the United States Constitution, or Article |
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| 37 | 33 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
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| 38 | 34 | | (7) grants or denies the special appearance of a |
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| 39 | 35 | | defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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| 40 | 36 | | in a suit brought under the Family Code; |
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| 41 | 37 | | (8) grants or denies a plea to the jurisdiction by a |
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| 42 | 38 | | governmental unit as that term is defined in Section 101.001; |
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| 43 | 39 | | (9) denies all or part of the relief sought by a motion |
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| 44 | 40 | | under Section 74.351(b), except that an appeal may not be taken from |
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| 45 | 41 | | an order granting an extension under Section 74.351; |
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| 46 | 42 | | (10) grants relief sought by a motion under Section |
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| 47 | 43 | | 74.351(l); |
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| 48 | 44 | | (11) denies a motion to dismiss filed under Section |
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| 49 | 45 | | 90.007; |
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| 50 | 46 | | (12) denies a motion to dismiss filed under Section |
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| 51 | 47 | | 27.003; [or] |
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| 52 | 48 | | (13) denies a motion for summary judgment filed by an |
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| 53 | 49 | | electric utility regarding liability in a suit subject to Section |
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| 54 | 50 | | 75.0022; or |
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| 55 | 51 | | (14) denies a motion filed by a governmental unit as |
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| 56 | 52 | | defined by Section 101.001 of this code in an action filed under |
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| 57 | 53 | | Section 54.012(6) or 214.0012, Local Government Code. |
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| 58 | 54 | | SECTION 2. Subchapter B, Chapter 54, Local Government Code, |
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| 59 | 55 | | is amended by adding Section 54.0155 to read as follows: |
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| 60 | 56 | | Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL |
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| 61 | 57 | | ACTIONS. (a) A court shall expedite any proceeding, including an |
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| 62 | 58 | | appeal in accordance with Subsection (b), related to a suit brought |
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| 63 | 59 | | under this subchapter for the enforcement of an ordinance relating |
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| 64 | 60 | | to dangerously damaged or deteriorated structures or improvements |
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| 65 | 61 | | as described by Section 54.012(6). |
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| 66 | 62 | | (b) An appeal of a suit described by Subsection (a) is |
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| 67 | 63 | | governed by the procedures for accelerated appeals in civil cases |
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| 68 | 64 | | under the Texas Rules of Appellate Procedure. The appellate court |
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| 69 | 65 | | shall render its final order or judgment with the least possible |
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| 70 | 66 | | delay. |
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| 71 | 67 | | SECTION 3. Section 214.001, Local Government Code, is |
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| 72 | 68 | | amended by adding Subsection (s) to read as follows: |
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| 73 | 69 | | (s) A court shall expedite any proceeding, including an |
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| 74 | 70 | | appeal in accordance with Section 214.0012, related to a |
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| 75 | 71 | | substandard building determination under this section. |
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| 76 | 72 | | SECTION 4. Section 214.0012, Local Government Code, is |
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| 77 | 73 | | amended by adding Subsection (i) to read as follows: |
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| 78 | 74 | | (i) An appeal under this section is governed by the |
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| 79 | 75 | | procedures for accelerated appeals in civil cases under the Texas |
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| 80 | 76 | | Rules of Appellate Procedure. The district court shall render its |
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| 81 | 77 | | final order or judgment with the least possible delay. |
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| 82 | 78 | | SECTION 5. This Act takes effect immediately if it receives |
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| 83 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 84 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 85 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 86 | 82 | | Act takes effect September 1, 2019. |
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