89R13168 AMF-D
By: Oliverson H.B. No. 3647
A BILL TO BE ENTITLED
AN ACT
relating to appeals from orders granting or denying a plea to the
jurisdiction by a governmental unit in certain circumstances.
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 (a) and adding Subsections
(a-1) and (a-2) to read as follows:
(a) A person may appeal from an interlocutory order of a
district court, county court at law, statutory probate court, or
county court that:
(1) appoints a receiver or trustee;
(2) overrules a motion to vacate an order that
appoints a receiver or trustee;
(3) certifies or refuses to certify a class in a suit
brought under Rule 42 of the Texas Rules of Civil Procedure;
(4) grants or refuses a temporary injunction or grants
or overrules a motion to dissolve a temporary injunction as
provided by Chapter 65;
(5) denies a motion for summary judgment that is based
on an assertion of immunity by an individual who is an officer or
employee of the state or a political subdivision of the state;
(6) denies a motion for summary judgment that is based
in whole or in part upon a claim against or defense by a member of
the electronic or print media, acting in such capacity, or a person
whose communication appears in or is published by the electronic or
print media, arising under the free speech or free press clause of
the First Amendment to the United States Constitution, or Article
I, Section 8, of the Texas Constitution, or Chapter 73;
(7) grants or denies the special appearance of a
defendant under Rule 120a, Texas Rules of Civil Procedure, except
in a suit brought under the Family Code;
(8) except as provided by Subsection (a-1), grants or
denies a plea to the jurisdiction by a governmental unit as that
term is defined in Section 101.001;
(9) denies all or part of the relief sought by a motion
under Section 74.351(b), except that an appeal may not be taken from
an order granting an extension under Section 74.351;
(10) grants relief sought by a motion under Section
74.351(l);
(11) denies a motion to dismiss filed under Section
90.007;
(12) denies a motion to dismiss filed under Section
27.003;
(13) denies a motion for summary judgment filed by an
electric utility regarding liability in a suit subject to Section
75.0022;
(14) denies a motion filed by a municipality with a
population of 500,000 or more in an action filed under Section
54.012(6) or 214.0012, Local Government Code;
(15) makes a preliminary determination on a claim
under Section 74.353;
(16) overrules an objection filed under Section
148.003(d) or denies all or part of the relief sought by a motion
under Section 148.003(f); or
(17) grants or denies a motion for summary judgment
filed by a contractor based on Section 97.002.
(a-1) Subsection (a) does not apply to an order granting or
denying a plea to the jurisdiction by a governmental unit as that
term is defined by Section 101.001 with respect to:
(1) a mandamus action; or
(2) a claim alleging performance of an ultra vires
act.
(a-2) A court shall strictly construe the limitation
described by Subsection (a-1).
SECTION 2. Section 51.015, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 51.015. COSTS OF APPEAL. (a) In the case of an appeal
brought pursuant to Section 51.014(a)(6), if the order appealed
from is affirmed, the court of appeals shall order the appellant to
pay all costs and reasonable attorney's [attorney] fees of the
appeal; otherwise, each party shall be liable for and taxed its own
costs of the appeal.
(b) In the case of an appeal of an order denying a plea to
the jurisdiction by a governmental unit as that term is defined by
Section 101.001 with respect to a mandamus action or a claim
alleging performance of an ultra vires act, if the order appealed
from is affirmed, the court of appeals shall order the governmental
unit to pay all costs and reasonable attorney's fees of the appeal.
SECTION 3. The change in law made by this Act applies only
to an order issued on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2025.