| 1 | 1 | | 89R1040 MZM-D |
|---|
| 2 | 2 | | By: Schofield H.B. No. 831 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the interlocutory appeal of certain orders regarding |
|---|
| 10 | 10 | | the constitutionality, effect, or enforceability of a statute. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 51.014(a), Civil Practice and Remedies |
|---|
| 13 | 13 | | Code, is amended to read as follows: |
|---|
| 14 | 14 | | (a) A person may appeal from an interlocutory order of a |
|---|
| 15 | 15 | | district court, county court at law, statutory probate court, or |
|---|
| 16 | 16 | | county court that: |
|---|
| 17 | 17 | | (1) appoints a receiver or trustee; |
|---|
| 18 | 18 | | (2) overrules a motion to vacate an order that |
|---|
| 19 | 19 | | appoints a receiver or trustee; |
|---|
| 20 | 20 | | (3) certifies or refuses to certify a class in a suit |
|---|
| 21 | 21 | | brought under Rule 42 of the Texas Rules of Civil Procedure; |
|---|
| 22 | 22 | | (4) grants or refuses a temporary injunction or grants |
|---|
| 23 | 23 | | or overrules a motion to dissolve a temporary injunction as |
|---|
| 24 | 24 | | provided by Chapter 65; |
|---|
| 25 | 25 | | (5) denies a motion for summary judgment that is based |
|---|
| 26 | 26 | | on an assertion of immunity by an individual who is an officer or |
|---|
| 27 | 27 | | employee of the state or a political subdivision of the state; |
|---|
| 28 | 28 | | (6) denies a motion for summary judgment that is based |
|---|
| 29 | 29 | | in whole or in part upon a claim against or defense by a member of |
|---|
| 30 | 30 | | the electronic or print media, acting in such capacity, or a person |
|---|
| 31 | 31 | | whose communication appears in or is published by the electronic or |
|---|
| 32 | 32 | | print media, arising under the free speech or free press clause of |
|---|
| 33 | 33 | | the First Amendment to the United States Constitution, or Article |
|---|
| 34 | 34 | | I, Section 8, of the Texas Constitution, or Chapter 73; |
|---|
| 35 | 35 | | (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 | | (9) denies all or part of the relief sought by a motion |
|---|
| 41 | 41 | | under Section 74.351(b), except that an appeal may not be taken from |
|---|
| 42 | 42 | | an order granting an extension under Section 74.351; |
|---|
| 43 | 43 | | (10) grants relief sought by a motion under Section |
|---|
| 44 | 44 | | 74.351(l); |
|---|
| 45 | 45 | | (11) denies a motion to dismiss filed under Section |
|---|
| 46 | 46 | | 90.007; |
|---|
| 47 | 47 | | (12) denies a motion to dismiss filed under Section |
|---|
| 48 | 48 | | 27.003; |
|---|
| 49 | 49 | | (13) denies a motion for summary judgment filed by an |
|---|
| 50 | 50 | | electric utility regarding liability in a suit subject to Section |
|---|
| 51 | 51 | | 75.0022; |
|---|
| 52 | 52 | | (14) denies a motion filed by a municipality with a |
|---|
| 53 | 53 | | population of 500,000 or more in an action filed under Section |
|---|
| 54 | 54 | | 54.012(6) or 214.0012, Local Government Code; |
|---|
| 55 | 55 | | (15) makes a preliminary determination on a claim |
|---|
| 56 | 56 | | under Section 74.353; |
|---|
| 57 | 57 | | (16) overrules an objection filed under Section |
|---|
| 58 | 58 | | 148.003(d) or denies all or part of the relief sought by a motion |
|---|
| 59 | 59 | | under Section 148.003(f); [or] |
|---|
| 60 | 60 | | (17) grants or denies a motion for summary judgment |
|---|
| 61 | 61 | | filed by a contractor based on Section 97.002; |
|---|
| 62 | 62 | | (18) determines that a statute violates the state or |
|---|
| 63 | 63 | | federal constitution; or |
|---|
| 64 | 64 | | (19) bars: |
|---|
| 65 | 65 | | (A) a statute from taking effect or being |
|---|
| 66 | 66 | | enforced; or |
|---|
| 67 | 67 | | (B) a person, including a state agency or |
|---|
| 68 | 68 | | political subdivision, from acting as if a statute is in full force |
|---|
| 69 | 69 | | and effect. |
|---|
| 70 | 70 | | SECTION 2. This Act takes effect September 1, 2025. |
|---|