89R14904 MZM-D
By: Schofield H.B. No. 5477
A BILL TO BE ENTITLED
AN ACT
relating to the court orders eligible for an interlocutory appeal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 51.014(a), (b), and (c), Civil Practice
and Remedies Code, are amended 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;
(6) [(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) grants or denies a plea to the jurisdiction by a
governmental unit as that term is defined in Section 101.001;]
(7) [(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;
(8) [(10)] grants relief sought by a motion under
Section 74.351(l);
(9) [(11)] denies a motion to dismiss filed under
Section 90.007;
(10) [(12)] denies a motion to dismiss filed under
Section 27.003;
(11) [(13)] denies a motion for summary judgment filed
by an electric utility regarding liability in a suit subject to
Section 75.0022;
(12) [(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;
(13) [(15)] makes a preliminary determination on a
claim under Section 74.353;
(14) [(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
(15) [(17)] grants or denies a motion for summary
judgment filed by a contractor based on Section 97.002.
(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), (8),] or 10 [(12)] also stays all
other proceedings in the trial court pending resolution of that
appeal.
(c) A denial of a [motion for summary judgment,] special
appearance[, or plea to the jurisdiction] described by Subsection
(a)(6) [(a)(5), (7), or (8)] is not subject to the automatic stay
under Subsection (b) unless the [motion,] special appearance[, or
plea to the jurisdiction] is filed and requested for submission or
hearing before the trial court not later than the later of:
(1) a date set by the trial court in a scheduling order
entered under the Texas Rules of Civil Procedure; or
(2) the 180th day after the date the defendant files:
(A) the original answer;
(B) the first other responsive pleading to the
plaintiff's petition; or
(C) if the plaintiff files an amended pleading
that alleges a new cause of action against the defendant and the
defendant is able to raise a defense to the new cause of action
under Subsection (a)(6) [(a)(5), (7), or (8)], the responsive
pleading that raises that defense.
SECTION 2. Section 51.015, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 51.015. COSTS OF APPEAL. In the case of an appeal
brought pursuant to Section 51.014(a)(5) [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 fees of the
appeal; otherwise, each party shall be liable for and taxed its own
costs of the appeal.
SECTION 3. Section 2301.756(a), Occupations Code, is
amended to read as follows:
(a) A writ of error is allowed from the supreme court for an
appeal of an interlocutory order described by Section 51.014(a)(3)
or (5) [(6)], Civil Practice and Remedies Code, in a civil action
involving a license holder.
SECTION 4. This Act takes effect September 1, 2025.