88R27577 MZM-F
By: Hughes, et al. S.B. No. 896
(Leach)
Substitute the following for S.B. No. 896: No.
A BILL TO BE ENTITLED
AN ACT
relating to the 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 amending Subsection (b) and adding Subsections
(c-1) and (c-2) to read as follows:
(b) An interlocutory appeal under Subsection (a), other
than an appeal under Subsection (a)(4) or in a suit brought under
the Family Code, stays the commencement of a trial in the trial
court pending resolution of the appeal. An interlocutory appeal
under Subsection (a)(3), (5), or (8)[, or (12)] also stays all other
proceedings in the trial court pending resolution of that appeal.
An interlocutory appeal under Subsection (a)(12) stays
commencement of a trial and other proceedings in the trial court as
provided by Subsection (c-1).
(c-1) A denial of a motion to dismiss described by
Subsection (a)(12):
(1) stays commencement of a trial and other
proceedings in the trial court until the 61st day after the date the
order denying the motion is signed if the order denying the motion
states the motion was:
(A) denied as not timely filed under Section
27.003(b);
(B) denied because the action is exempt under a
specified subdivision of Section 27.010(a); or
(C) determined to be frivolous or solely intended
to delay under Section 27.009(b); or
(2) stays commencement of a trial and other
proceedings in the trial court pending resolution of the appeal if
the motion was denied for a reason not provided by Subdivision (1)
or the order does not state a reason for denying the motion.
(c-2) For a denial of a motion to dismiss to which
Subsection (c-1)(1) applies, the court of appeals in which the
appeal from the order denying the motion to dismiss is filed may
stay commencement of trial and other proceedings in the trial court
on a determination that the appellant is likely to succeed on the
merits or in the interest of justice.
SECTION 2. The change in law made by this Act applies only
to the denial of a motion to dismiss ordered on or after the
effective date of this Act. A denial of a motion to dismiss ordered
before the effective date of this Act is governed by the law
applicable to the denial immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.