| 1 | 1 | | 88R4433 MZM-F |
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| 2 | 2 | | By: Leach H.B. No. 2781 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the automatic stay of proceedings pending an |
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| 8 | 8 | | interlocutory appeal of a denial of a motion to dismiss in an action |
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| 9 | 9 | | involving the exercise of certain constitutional rights. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 51.014, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended by adding Subsection (c-1) to read as follows: |
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| 13 | 13 | | (c-1) A denial of a motion to dismiss described by |
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| 14 | 14 | | Subsection (a)(12) is not subject to the automatic stay under |
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| 15 | 15 | | Subsection (b) if the order denying the motion states that the |
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| 16 | 16 | | motion was: |
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| 17 | 17 | | (1) denied as not timely filed under Section |
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| 18 | 18 | | 27.003(b); |
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| 19 | 19 | | (2) determined to be frivolous or solely intended to |
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| 20 | 20 | | delay under Section 27.009(b); or |
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| 21 | 21 | | (3) denied because the action is exempt under Section |
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| 22 | 22 | | 27.010(a). |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to an action filed on or after the effective date of this Act. An |
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| 25 | 25 | | action filed before the effective date of this Act is governed by |
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| 26 | 26 | | the law applicable to the action immediately before the effective |
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| 27 | 27 | | date of this Act, and that law is continued in effect for that |
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| 28 | 28 | | purpose. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2023. |
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