| 1 | 1 | | 89R13168 AMF-D |
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| 2 | 2 | | By: Oliverson H.B. No. 3647 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 appeals from orders granting or denying a plea to the |
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| 10 | 10 | | jurisdiction by a governmental unit in certain circumstances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 51.014, Civil Practice and Remedies |
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| 13 | 13 | | Code, is amended by amending Subsection (a) and adding Subsections |
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| 14 | 14 | | (a-1) and (a-2) to read as follows: |
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| 15 | 15 | | (a) A person may appeal from an interlocutory order of a |
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| 16 | 16 | | district court, county court at law, statutory probate court, or |
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| 17 | 17 | | county court that: |
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| 18 | 18 | | (1) appoints a receiver or trustee; |
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| 19 | 19 | | (2) overrules a motion to vacate an order that |
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| 20 | 20 | | appoints a receiver or trustee; |
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| 21 | 21 | | (3) certifies or refuses to certify a class in a suit |
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| 22 | 22 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
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| 23 | 23 | | (4) grants or refuses a temporary injunction or grants |
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| 24 | 24 | | or overrules a motion to dissolve a temporary injunction as |
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| 25 | 25 | | provided by Chapter 65; |
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| 26 | 26 | | (5) denies a motion for summary judgment that is based |
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| 27 | 27 | | on an assertion of immunity by an individual who is an officer or |
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| 28 | 28 | | employee of the state or a political subdivision of the state; |
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| 29 | 29 | | (6) denies a motion for summary judgment that is based |
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| 30 | 30 | | in whole or in part upon a claim against or defense by a member of |
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| 31 | 31 | | the electronic or print media, acting in such capacity, or a person |
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| 32 | 32 | | whose communication appears in or is published by the electronic or |
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| 33 | 33 | | print media, arising under the free speech or free press clause of |
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| 34 | 34 | | the First Amendment to the United States Constitution, or Article |
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| 35 | 35 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
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| 36 | 36 | | (7) grants or denies the special appearance of a |
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| 37 | 37 | | defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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| 38 | 38 | | in a suit brought under the Family Code; |
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| 39 | 39 | | (8) except as provided by Subsection (a-1), grants or |
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| 40 | 40 | | denies a plea to the jurisdiction by a governmental unit as that |
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| 41 | 41 | | term is defined in Section 101.001; |
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| 42 | 42 | | (9) denies all or part of the relief sought by a motion |
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| 43 | 43 | | under Section 74.351(b), except that an appeal may not be taken from |
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| 44 | 44 | | an order granting an extension under Section 74.351; |
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| 45 | 45 | | (10) grants relief sought by a motion under Section |
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| 46 | 46 | | 74.351(l); |
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| 47 | 47 | | (11) denies a motion to dismiss filed under Section |
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| 48 | 48 | | 90.007; |
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| 49 | 49 | | (12) denies a motion to dismiss filed under Section |
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| 50 | 50 | | 27.003; |
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| 51 | 51 | | (13) denies a motion for summary judgment filed by an |
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| 52 | 52 | | electric utility regarding liability in a suit subject to Section |
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| 53 | 53 | | 75.0022; |
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| 54 | 54 | | (14) denies a motion filed by a municipality with a |
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| 55 | 55 | | population of 500,000 or more in an action filed under Section |
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| 56 | 56 | | 54.012(6) or 214.0012, Local Government Code; |
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| 57 | 57 | | (15) makes a preliminary determination on a claim |
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| 58 | 58 | | under Section 74.353; |
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| 59 | 59 | | (16) overrules an objection filed under Section |
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| 60 | 60 | | 148.003(d) or denies all or part of the relief sought by a motion |
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| 61 | 61 | | under Section 148.003(f); or |
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| 62 | 62 | | (17) grants or denies a motion for summary judgment |
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| 63 | 63 | | filed by a contractor based on Section 97.002. |
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| 64 | 64 | | (a-1) Subsection (a) does not apply to an order granting or |
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| 65 | 65 | | denying a plea to the jurisdiction by a governmental unit as that |
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| 66 | 66 | | term is defined by Section 101.001 with respect to: |
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| 67 | 67 | | (1) a mandamus action; or |
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| 68 | 68 | | (2) a claim alleging performance of an ultra vires |
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| 69 | 69 | | act. |
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| 70 | 70 | | (a-2) A court shall strictly construe the limitation |
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| 71 | 71 | | described by Subsection (a-1). |
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| 72 | 72 | | SECTION 2. Section 51.015, Civil Practice and Remedies |
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| 73 | 73 | | Code, is amended to read as follows: |
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| 74 | 74 | | Sec. 51.015. COSTS OF APPEAL. (a) In the case of an appeal |
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| 75 | 75 | | brought pursuant to Section 51.014(a)(6), if the order appealed |
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| 76 | 76 | | from is affirmed, the court of appeals shall order the appellant to |
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| 77 | 77 | | pay all costs and reasonable attorney's [attorney] fees of the |
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| 78 | 78 | | appeal; otherwise, each party shall be liable for and taxed its own |
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| 79 | 79 | | costs of the appeal. |
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| 80 | 80 | | (b) In the case of an appeal of an order denying a plea to |
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| 81 | 81 | | the jurisdiction by a governmental unit as that term is defined by |
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| 82 | 82 | | Section 101.001 with respect to a mandamus action or a claim |
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| 83 | 83 | | alleging performance of an ultra vires act, if the order appealed |
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| 84 | 84 | | from is affirmed, the court of appeals shall order the governmental |
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| 85 | 85 | | unit to pay all costs and reasonable attorney's fees of the appeal. |
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| 86 | 86 | | SECTION 3. The change in law made by this Act applies only |
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| 87 | 87 | | to an order issued on or after the effective date of this Act. |
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| 88 | 88 | | SECTION 4. This Act takes effect September 1, 2025. |
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