Texas 2023 - 88th Regular

Texas House Bill HB3129 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Guerra (Senate Sponsor - Hughes) H.B. No. 3129
2	2	(In the Senate - Received from the House May 3, 2023;
3	3	May 5, 2023, read first time and referred to Committee on
4	4	Jurisprudence; May 19, 2023, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 4, Nays 1;
6	6	May 19, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 3129 By: Hughes
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to redesignation of certain provisions describing court
14	14	orders eligible for an interlocutory appeal and a stay of
15	15	proceedings pending certain interlocutory appeals.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Section 51.014(a), Civil Practice and Remedies
18	18	Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6), and 813
19	19	(H.B. 2086), Acts of the 87th Legislature, Regular Session, 2021,
20	20	is reenacted and amended to read as follows:
21	21	(a) A person may appeal from an interlocutory order of a
22	22	district court, county court at law, statutory probate court, or
23	23	county court that:
24	24	(1) appoints a receiver or trustee;
25	25	(2) overrules a motion to vacate an order that
26	26	appoints a receiver or trustee;
27	27	(3) certifies or refuses to certify a class in a suit
28	28	brought under Rule 42 of the Texas Rules of Civil Procedure;
29	29	(4) grants or refuses a temporary injunction or grants
30	30	or overrules a motion to dissolve a temporary injunction as
31	31	provided by Chapter 65;
32	32	(5) denies a motion for summary judgment that is based
33	33	on an assertion of immunity by an individual who is an officer or
34	34	employee of the state or a political subdivision of the state;
35	35	(6) denies a motion for summary judgment that is based
36	36	in whole or in part upon a claim against or defense by a member of
37	37	the electronic or print media, acting in such capacity, or a person
38	38	whose communication appears in or is published by the electronic or
39	39	print media, arising under the free speech or free press clause of
40	40	the First Amendment to the United States Constitution, or Article
41	41	I, Section 8, of the Texas Constitution, or Chapter 73;
42	42	(7) grants or denies the special appearance of a
43	43	defendant under Rule 120a, Texas Rules of Civil Procedure, except
44	44	in a suit brought under the Family Code;
45	45	(8) grants or denies a plea to the jurisdiction by a
46	46	governmental unit as that term is defined in Section 101.001;
47	47	(9) denies all or part of the relief sought by a motion
48	48	under Section 74.351(b), except that an appeal may not be taken from
49	49	an order granting an extension under Section 74.351;
50	50	(10) grants relief sought by a motion under Section
51	51	74.351(l);
52	52	(11) denies a motion to dismiss filed under Section
53	53	90.007;
54	54	(12) denies a motion to dismiss filed under Section
55	55	27.003;
56	56	(13) denies a motion for summary judgment filed by an
57	57	electric utility regarding liability in a suit subject to Section
58	58	75.0022;
59	59	(14) denies a motion filed by a municipality with a
60	60	population of 500,000 or more in an action filed under Section
61	61	54.012(6) or 214.0012, Local Government Code; [or]
62	62	(15) makes a preliminary determination on a claim
63	63	under Section 74.353;
64	64	(16) [(15)] overrules an objection filed under
65	65	Section 148.003(d) or denies all or part of the relief sought by a
66	66	motion under Section 148.003(f); or
67	67	(17) [(15)] grants or denies a motion for summary
68	68	judgment filed by a contractor based on Section 97.002.
69	69	SECTION 2. Section 51.014, Civil Practice and Remedies
70	70	Code, is amended by amending Subsection (b) and adding Subsections
71	71	(c-1) and (c-2) to read as follows:
72	72	(b) An interlocutory appeal under Subsection (a), other
73	73	than an appeal under Subsection (a)(4) or in a suit brought under
74	74	the Family Code, stays the commencement of a trial in the trial
75	75	court pending resolution of the appeal. An interlocutory appeal
76	76	under Subsection (a)(3), (5), or (8)[, or (12)] also stays all other
77	77	proceedings in the trial court pending resolution of that appeal.
78	78	An interlocutory appeal under Subsection (a)(12) stays
79	79	commencement of a trial and other proceedings in the trial court as
80	80	provided by Subsection (c-1).
81	81	(c-1) A denial of a motion to dismiss described by
82	82	Subsection (a)(12):
83	83	(1) stays commencement of a trial and other
84	84	proceedings in the trial court until the 61st day after the date the
85	85	order denying the motion is signed if the order denying the motion
86	86	states the motion was:
87	87	(A) denied as not timely filed under Section
88	88	27.003(b);
89	89	(B) denied because the action is exempt under a
90	90	specified subdivision of Section 27.010(a); or
91	91	(C) determined to be frivolous or solely intended
92	92	to delay under Section 27.009(b); or
93	93	(2) stays commencement of a trial and other
94	94	proceedings in the trial court pending resolution of the appeal if
95	95	the motion was denied for a reason not provided by Subdivision (1)
96	96	or the order does not state a reason for denying the motion.
97	97	(c-2) For a denial of a motion to dismiss to which
98	98	Subsection (c-1)(1) applies, the court of appeals in which the
99	99	appeal from the order denying the motion to dismiss is filed may
100	100	stay commencement of trial and other proceedings in the trial court
101	101	on a determination that the appellant is likely to succeed on the
102	102	merits or in the interest of justice.
103	103	SECTION 3. The change in law made by this Act applies only
104	104	to the denial of a motion to dismiss ordered on or after the
105	105	effective date of this Act. A denial of a motion to dismiss ordered
106	106	before the effective date of this Act is governed by the law
107	107	applicable to the denial immediately before the effective date of
108	108	this Act, and that law is continued in effect for that purpose.
109	109	SECTION 4. This Act takes effect September 1, 2023.
110	110	* * * * *