BILL ANALYSIS H.B. 2986 By: Moody Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Oftentimes an interlocutory appeal stays the commencement of a trial or proceedings in the applicable trial court. However, the bill author has informed the committee that this can cause irreparable harm in instances such as when a temporary restraining order may be needed or when a dying witness may need to be deposed, and the lack of action endangers the petitioner or a pending suit. H.B. 2986 seeks to address the potential harm caused by a stay of proceedings by authorizing an appellate court to lift the stay for the specific and limited purpose of preventing that irreparable harm. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2986 amends the Civil Practice and Remedies Code to authorize an appellate court, in connection with an interlocutory appeal, to lift a stay on a party's motion if the appellate court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2986
By: Moody
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 2986
By: Moody
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Oftentimes an interlocutory appeal stays the commencement of a trial or proceedings in the applicable trial court. However, the bill author has informed the committee that this can cause irreparable harm in instances such as when a temporary restraining order may be needed or when a dying witness may need to be deposed, and the lack of action endangers the petitioner or a pending suit. H.B. 2986 seeks to address the potential harm caused by a stay of proceedings by authorizing an appellate court to lift the stay for the specific and limited purpose of preventing that irreparable harm.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2986 amends the Civil Practice and Remedies Code to authorize an appellate court, in connection with an interlocutory appeal, to lift a stay on a party's motion if the appellate court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
Oftentimes an interlocutory appeal stays the commencement of a trial or proceedings in the applicable trial court. However, the bill author has informed the committee that this can cause irreparable harm in instances such as when a temporary restraining order may be needed or when a dying witness may need to be deposed, and the lack of action endangers the petitioner or a pending suit. H.B. 2986 seeks to address the potential harm caused by a stay of proceedings by authorizing an appellate court to lift the stay for the specific and limited purpose of preventing that irreparable harm.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2986 amends the Civil Practice and Remedies Code to authorize an appellate court, in connection with an interlocutory appeal, to lift a stay on a party's motion if the appellate court determines that lifting the stay is necessary for the specific and limited purpose of preventing irreparable harm to a party or the public.
EFFECTIVE DATE
September 1, 2025.