Bill Text: TX SB896 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB896 Detail]
Download: Texas-2023-SB896-Comm_Sub.html
| 88R27577 MZM-F | ||
| By: Hughes, et al. | S.B. No. 896 | |
| (Leach) | ||
| Substitute the following for S.B. No. 896: No. | ||
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| relating to the stay of proceedings pending an interlocutory appeal | ||
| of a denial of a motion to dismiss in an action involving the | ||
| exercise of certain constitutional rights. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.014, Civil Practice and Remedies | ||
| Code, is amended by amending Subsection (b) and adding Subsections | ||
| (c-1) and (c-2) to read as follows: | ||
| (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), or (8)[ |
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| proceedings in the trial court pending resolution of that appeal. | ||
| An interlocutory appeal under Subsection (a)(12) stays | ||
| commencement of a trial and other proceedings in the trial court as | ||
| provided by Subsection (c-1). | ||
| (c-1) A denial of a motion to dismiss described by | ||
| Subsection (a)(12): | ||
| (1) stays commencement of a trial and other | ||
| proceedings in the trial court until the 61st day after the date the | ||
| order denying the motion is signed if the order denying the motion | ||
| states the motion was: | ||
| (A) denied as not timely filed under Section | ||
| 27.003(b); | ||
| (B) denied because the action is exempt under a | ||
| specified subdivision of Section 27.010(a); or | ||
| (C) determined to be frivolous or solely intended | ||
| to delay under Section 27.009(b); or | ||
| (2) stays commencement of a trial and other | ||
| proceedings in the trial court pending resolution of the appeal if | ||
| the motion was denied for a reason not provided by Subdivision (1) | ||
| or the order does not state a reason for denying the motion. | ||
| (c-2) For a denial of a motion to dismiss to which | ||
| Subsection (c-1)(1) applies, the court of appeals in which the | ||
| appeal from the order denying the motion to dismiss is filed may | ||
| stay commencement of trial and other proceedings in the trial court | ||
| on a determination that the appellant is likely to succeed on the | ||
| merits or in the interest of justice. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to the denial of a motion to dismiss ordered on or after the | ||
| effective date of this Act. A denial of a motion to dismiss ordered | ||
| before the effective date of this Act is governed by the law | ||
| applicable to the denial immediately before the effective date of | ||
| this Act, and that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
