Texas 2025 - 89th Regular

Texas House Bill HB5477 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14904 MZM-D
2	2	By: Schofield H.B. No. 5477
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the court orders eligible for an interlocutory appeal.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 51.014(a), (b), and (c), Civil Practice
12	12	and Remedies Code, are amended to read as follows:
13	13	(a) A person may appeal from an interlocutory order of a
14	14	district court, county court at law, statutory probate court, or
15	15	county court that:
16	16	(1) appoints a receiver or trustee;
17	17	(2) overrules a motion to vacate an order that
18	18	appoints a receiver or trustee;
19	19	(3) certifies or refuses to certify a class in a suit
20	20	brought under Rule 42 of the Texas Rules of Civil Procedure;
21	21	(4) grants or refuses a temporary injunction or grants
22	22	or overrules a motion to dissolve a temporary injunction as
23	23	provided by Chapter 65;
24	24	(5) [denies a motion for summary judgment that is
25	25	based on an assertion of immunity by an individual who is an officer
26	26	or employee of the state or a political subdivision of the state;]
27	27	[(6)] denies a motion for summary judgment that is
28	28	based in whole or in part upon a claim against or defense by a member
29	29	of the electronic or print media, acting in such capacity, or a
30	30	person whose communication appears in or is published by the
31	31	electronic or print media, arising under the free speech or free
32	32	press clause of the First Amendment to the United States
33	33	Constitution, or Article I, Section 8, of the Texas Constitution,
34	34	or Chapter 73;
35	35	(6) [(7)] grants or denies the special appearance of a
36	36	defendant under Rule 120a, Texas Rules of Civil Procedure, except
37	37	in a suit brought under the Family Code;
38	38	[(8) grants or denies a plea to the jurisdiction by a
39	39	governmental unit as that term is defined in Section 101.001;]
40	40	(7) [(9)] denies all or part of the relief sought by a
41	41	motion under Section 74.351(b), except that an appeal may not be
42	42	taken from an order granting an extension under Section 74.351;
43	43	(8) [(10)] grants relief sought by a motion under
44	44	Section 74.351(l);
45	45	(9) [(11)] denies a motion to dismiss filed under
46	46	Section 90.007;
47	47	(10) [(12)] denies a motion to dismiss filed under
48	48	Section 27.003;
49	49	(11) [(13)] denies a motion for summary judgment filed
50	50	by an electric utility regarding liability in a suit subject to
51	51	Section 75.0022;
52	52	(12) [(14)] denies a motion filed by a municipality
53	53	with a population of 500,000 or more in an action filed under
54	54	Section 54.012(6) or 214.0012, Local Government Code;
55	55	(13) [(15)] makes a preliminary determination on a
56	56	claim under Section 74.353;
57	57	(14) [(16)] overrules an objection filed under
58	58	Section 148.003(d) or denies all or part of the relief sought by a
59	59	motion under Section 148.003(f); or
60	60	(15) [(17)] grants or denies a motion for summary
61	61	judgment filed by a contractor based on Section 97.002.
62	62	(b) An interlocutory appeal under Subsection (a), other
63	63	than an appeal under Subsection (a)(4) or in a suit brought under
64	64	the Family Code, stays the commencement of a trial in the trial
65	65	court pending resolution of the appeal. An interlocutory appeal
66	66	under Subsection (a)(3)[, (5), (8),] or 10 [(12)] also stays all
67	67	other proceedings in the trial court pending resolution of that
68	68	appeal.
69	69	(c) A denial of a [motion for summary judgment,] special
70	70	appearance[, or plea to the jurisdiction] described by Subsection
71	71	(a)(6) [(a)(5), (7), or (8)] is not subject to the automatic stay
72	72	under Subsection (b) unless the [motion,] special appearance[, or
73	73	plea to the jurisdiction] is filed and requested for submission or
74	74	hearing before the trial court not later than the later of:
75	75	(1) a date set by the trial court in a scheduling order
76	76	entered under the Texas Rules of Civil Procedure; or
77	77	(2) the 180th day after the date the defendant files:
78	78	(A) the original answer;
79	79	(B) the first other responsive pleading to the
80	80	plaintiff's petition; or
81	81	(C) if the plaintiff files an amended pleading
82	82	that alleges a new cause of action against the defendant and the
83	83	defendant is able to raise a defense to the new cause of action
84	84	under Subsection (a)(6) [(a)(5), (7), or (8)], the responsive
85	85	pleading that raises that defense.
86	86	SECTION 2. Section 51.015, Civil Practice and Remedies
87	87	Code, is amended to read as follows:
88	88	Sec. 51.015. COSTS OF APPEAL. In the case of an appeal
89	89	brought pursuant to Section 51.014(a)(5) [51.014(a)(6)], if the
90	90	order appealed from is affirmed, the court of appeals shall order
91	91	the appellant to pay all costs and reasonable attorney fees of the
92	92	appeal; otherwise, each party shall be liable for and taxed its own
93	93	costs of the appeal.
94	94	SECTION 3. Section 2301.756(a), Occupations Code, is
95	95	amended to read as follows:
96	96	(a) A writ of error is allowed from the supreme court for an
97	97	appeal of an interlocutory order described by Section 51.014(a)(3)
98	98	or (5) [(6)], Civil Practice and Remedies Code, in a civil action
99	99	involving a license holder.
100	100	SECTION 4. This Act takes effect September 1, 2025.