| 1 | 1 | | 88R27577 MZM-F |
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| 2 | 2 | | By: Hughes, et al. S.B. No. 896 |
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| 3 | 3 | | (Leach) |
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| 4 | 4 | | Substitute the following for S.B. No. 896: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the stay of proceedings pending an interlocutory appeal |
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| 10 | 10 | | of a denial of a motion to dismiss in an action involving the |
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| 11 | 11 | | exercise of certain constitutional rights. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 51.014, Civil Practice and Remedies |
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| 14 | 14 | | Code, is amended by amending Subsection (b) and adding Subsections |
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| 15 | 15 | | (c-1) and (c-2) to read as follows: |
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| 16 | 16 | | (b) An interlocutory appeal under Subsection (a), other |
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| 17 | 17 | | than an appeal under Subsection (a)(4) or in a suit brought under |
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| 18 | 18 | | the Family Code, stays the commencement of a trial in the trial |
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| 19 | 19 | | court pending resolution of the appeal. An interlocutory appeal |
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| 20 | 20 | | under Subsection (a)(3), (5), or (8)[, or (12)] also stays all other |
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| 21 | 21 | | proceedings in the trial court pending resolution of that appeal. |
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| 22 | 22 | | An interlocutory appeal under Subsection (a)(12) stays |
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| 23 | 23 | | commencement of a trial and other proceedings in the trial court as |
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| 24 | 24 | | provided by Subsection (c-1). |
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| 25 | 25 | | (c-1) A denial of a motion to dismiss described by |
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| 26 | 26 | | Subsection (a)(12): |
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| 27 | 27 | | (1) stays commencement of a trial and other |
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| 28 | 28 | | proceedings in the trial court until the 61st day after the date the |
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| 29 | 29 | | order denying the motion is signed if the order denying the motion |
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| 30 | 30 | | states the motion was: |
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| 31 | 31 | | (A) denied as not timely filed under Section |
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| 32 | 32 | | 27.003(b); |
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| 33 | 33 | | (B) denied because the action is exempt under a |
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| 34 | 34 | | specified subdivision of Section 27.010(a); or |
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| 35 | 35 | | (C) determined to be frivolous or solely intended |
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| 36 | 36 | | to delay under Section 27.009(b); or |
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| 37 | 37 | | (2) stays commencement of a trial and other |
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| 38 | 38 | | proceedings in the trial court pending resolution of the appeal if |
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| 39 | 39 | | the motion was denied for a reason not provided by Subdivision (1) |
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| 40 | 40 | | or the order does not state a reason for denying the motion. |
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| 41 | 41 | | (c-2) For a denial of a motion to dismiss to which |
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| 42 | 42 | | Subsection (c-1)(1) applies, the court of appeals in which the |
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| 43 | 43 | | appeal from the order denying the motion to dismiss is filed may |
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| 44 | 44 | | stay commencement of trial and other proceedings in the trial court |
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| 45 | 45 | | on a determination that the appellant is likely to succeed on the |
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| 46 | 46 | | merits or in the interest of justice. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to the denial of a motion to dismiss ordered on or after the |
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| 49 | 49 | | effective date of this Act. A denial of a motion to dismiss ordered |
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| 50 | 50 | | before the effective date of this Act is governed by the law |
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| 51 | 51 | | applicable to the denial immediately before the effective date of |
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| 52 | 52 | | this Act, and that law is continued in effect for that purpose. |
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| 53 | 53 | | SECTION 3. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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