Texas 2025 - 89th Regular

Texas Senate Bill SB1794 Compare Versions

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

Old	New	Differences
1	1	89R14080 SCL-F
2	2	By: Middleton S.B. No. 1794
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to interlocutory appeal from certain orders by a political
10	10	subdivision or an officer or employee of a political subdivision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 51.014(a) and (b), Civil Practice and
13	13	Remedies Code, are amended to read as follows:
14	14	(a) Except as provided by Section 51.0145, a [A] person may
15	15	appeal from an interlocutory order of a district court, county
16	16	court at law, statutory probate court, or 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	(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. Except as provided by
66	66	Section 51.0145, an [An] interlocutory appeal under Subsection
67	67	(a)(3), (5), (8), or (12) also stays all other proceedings in the
68	68	trial court pending resolution of that appeal.
69	69	SECTION 2. Subchapter B, Chapter 51, Civil Practice and
70	70	Remedies Code, is amended by adding Section 51.0145 to read as
71	71	follows:
72	72	Sec. 51.0145. PERMISSION REQUIRED FOR CERTAIN
73	73	INTERLOCUTORY APPEALS. (a) Before an officer or employee of a
74	74	political subdivision may appeal from an interlocutory order under
75	75	Section 51.014(a)(5) or a political subdivision may appeal from an
76	76	interlocutory order under Section 51.014(a)(8), the trial court
77	77	that issued the order must approve the appeal in accordance with
78	78	this section.
79	79	(b) A party seeking an appeal subject to this section must
80	80	file with the trial court and serve a motion requesting the appeal
81	81	not later than the 30th day after the date of the order that is the
82	82	subject of the appeal is entered. An opposing party may file a
83	83	response to the motion not later than the 14th day after the date
84	84	the motion is filed.
85	85	(c) A trial court may authorize an appeal subject to this
86	86	section only if:
87	87	(1) the appeal involves a controlling question of law
88	88	as to which there is a substantial ground for difference of opinion;
89	89	(2) an immediate appeal from the order that is the
90	90	subject of the appeal may materially advance the ultimate
91	91	termination of the action; and
92	92	(3) the issuance of a stay of proceedings during
93	93	pendency of the appeal will not materially deprive the non-moving
94	94	party from exercising a right protected by the Texas Constitution
95	95	or United States Constitution.
96	96	(d) The trial court's order authorizing an appeal under this
97	97	section does not stay proceedings in the trial court unless the
98	98	order expressly states that the proceedings are stayed.
99	99	(e) During the pendency of an appeal authorized under this
100	100	section in which the trial court has expressly stayed the
101	101	proceedings, a party may move the trial court to modify or dissolve
102	102	a stay of proceedings due to hardship, a change in circumstances, or
103	103	any other reason. The trial court shall consider and rule on a
104	104	motion to modify or dissolve a stay of proceedings not later than
105	105	the 30th day after the date the motion is filed. The trial court
106	106	retains jurisdiction over consideration of a stay throughout the
107	107	appeal.
108	108	(f) It is the intent of the legislature that interlocutory
109	109	appeals and stays of proceedings under this section be authorized
110	110	rarely.
111	111	SECTION 3. The changes in law made by this Act apply only to
112	112	an action filed on or after the effective date of this Act.
113	113	SECTION 4. This Act takes effect September 1, 2025.