By: Hughes, Bettencourt S.B. No. 896
A BILL TO BE ENTITLED
AN ACT
relating to the automatic stay of proceedings pending an
interlocutory appeal of a denial of a motion to dismiss in an action
involving the exercise of certain constitutional rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.014, Civil Practice and Remedies
Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) A denial of a motion to dismiss described by
Subsection (a)(12) is not subject to the automatic stay under
Subsection (b) if the order denying the motion states that the
motion was:
(1) denied as clearly not timely filed under Section
27.003(b);
(2) determined to be frivolous or solely intended to
delay under Section 27.009(b); or
(3) denied because the action is exempt under Section
27.010(a).
SECTION 2. The change in law made by this Act applies only
to an action filed on or after the effective date of this Act. An
action filed before the effective date of this Act is governed by
the law applicable to the action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.