4 | 10 | | AN ACT |
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5 | 11 | | relating to appeals from an interlocutory order denying a motion |
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6 | 12 | | for summary judgment by certain contractors. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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9 | 15 | | Code, is amended to read as follows: |
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10 | 16 | | (a) A person may appeal from an interlocutory order of a |
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11 | 17 | | district court, county court at law, statutory probate court, or |
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12 | 18 | | county court that: |
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13 | 19 | | (1) appoints a receiver or trustee; |
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14 | 20 | | (2) overrules a motion to vacate an order that |
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15 | 21 | | appoints a receiver or trustee; |
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16 | 22 | | (3) certifies or refuses to certify a class in a suit |
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17 | 23 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
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18 | 24 | | (4) grants or refuses a temporary injunction or grants |
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19 | 25 | | or overrules a motion to dissolve a temporary injunction as |
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20 | 26 | | provided by Chapter 65; |
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21 | 27 | | (5) denies a motion for summary judgment that is based |
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22 | 28 | | on an assertion of immunity by an individual who is an officer or |
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23 | 29 | | employee of the state or a political subdivision of the state; |
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24 | 30 | | (6) denies a motion for summary judgment that is based |
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25 | 31 | | in whole or in part upon a claim against or defense by a member of |
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26 | 32 | | the electronic or print media, acting in such capacity, or a person |
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27 | 33 | | whose communication appears in or is published by the electronic or |
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28 | 34 | | print media, arising under the free speech or free press clause of |
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29 | 35 | | the First Amendment to the United States Constitution, or Article |
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30 | 36 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
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31 | 37 | | (7) grants or denies the special appearance of a |
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32 | 38 | | defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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33 | 39 | | in a suit brought under the Family Code; |
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34 | 40 | | (8) grants or denies a plea to the jurisdiction by a |
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35 | 41 | | governmental unit as that term is defined in Section 101.001; |
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36 | 42 | | (9) denies all or part of the relief sought by a motion |
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37 | 43 | | under Section 74.351(b), except that an appeal may not be taken from |
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38 | 44 | | an order granting an extension under Section 74.351; |
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39 | 45 | | (10) grants relief sought by a motion under Section |
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40 | 46 | | 74.351(l); |
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41 | 47 | | (11) denies a motion to dismiss filed under Section |
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42 | 48 | | 90.007; |
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43 | 49 | | (12) denies a motion to dismiss filed under Section |
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44 | 50 | | 27.003; |
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45 | 51 | | (13) denies a motion for summary judgment filed by an |
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46 | 52 | | electric utility regarding liability in a suit subject to Section |
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47 | 53 | | 75.0022; [or] |
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48 | 54 | | (14) denies a motion filed by a municipality with a |
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49 | 55 | | population of 500,000 or more in an action filed under Section |
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50 | 56 | | 54.012(6) or 214.0012, Local Government Code; or |
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58 | | - | ______________________________ ______________________________ |
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59 | | - | President of the Senate Speaker of the House |
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60 | | - | I certify that H.B. No. 2086 was passed by the House on April |
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61 | | - | 29, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not |
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62 | | - | voting; and that the House concurred in Senate amendments to H.B. |
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63 | | - | No. 2086 on May 28, 2021, by the following vote: Yeas 147, Nays 0, |
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64 | | - | 1 present, not voting. |
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65 | | - | ______________________________ |
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66 | | - | Chief Clerk of the House |
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67 | | - | I certify that H.B. No. 2086 was passed by the Senate, with |
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68 | | - | amendments, on May 20, 2021, by the following vote: Yeas 31, Nays |
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69 | | - | 0. |
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70 | | - | ______________________________ |
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71 | | - | Secretary of the Senate |
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72 | | - | APPROVED: __________________ |
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73 | | - | Date |
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74 | | - | __________________ |
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75 | | - | Governor |
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| 64 | + | * * * * * |
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