Leach Bill Trims Some Appeal Freezes To 61 Days

The text as introduced · 481 words

89R3192 MZM-F

By: Leach
H.B. No. 2459

A BILL TO BE ENTITLED

AN ACT

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)[ , or (12) ] also stays all other

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, 2025.