bill ending some mid-case government appeals

The text as introduced · 729 words

89R13168 AMF-D

By: Oliverson
H.B. No. 3647

A BILL TO BE ENTITLED

AN ACT

relating to appeals from orders granting or denying a plea to the

jurisdiction by a governmental unit in certain circumstances.

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 (a) and adding Subsections

(a-1) and (a-2) to read as follows:

(a) A person may appeal from an interlocutory order of a

district court, county court at law, statutory probate court, or

county court that:

(1) appoints a receiver or trustee;

(2) overrules a motion to vacate an order that

appoints a receiver or trustee;

(3) certifies or refuses to certify a class in a suit

brought under Rule 42 of the Texas Rules of Civil Procedure;

(4) grants or refuses a temporary injunction or grants

or overrules a motion to dissolve a temporary injunction as

provided by Chapter 65;

(5) denies a motion for summary judgment that is based

on an assertion of immunity by an individual who is an officer or

employee of the state or a political subdivision of the state;

(6) denies a motion for summary judgment that is based

in whole or in part upon a claim against or defense by a member of

the electronic or print media, acting in such capacity, or a person

whose communication appears in or is published by the electronic or

print media, arising under the free speech or free press clause of

the First Amendment to the United States Constitution, or Article

I, Section 8, of the Texas Constitution, or Chapter 73;

(7) grants or denies the special appearance of a

defendant under Rule 120a, Texas Rules of Civil Procedure, except

in a suit brought under the Family Code;

(8) except as provided by Subsection (a-1), grants or

denies a plea to the jurisdiction by a governmental unit as that

term is defined in Section 101.001;

(9) denies all or part of the relief sought by a motion

under Section 74.351(b), except that an appeal may not be taken from

an order granting an extension under Section 74.351;

(10) grants relief sought by a motion under Section

74.351(l);

(11) denies a motion to dismiss filed under Section

90.007;

(12) denies a motion to dismiss filed under Section

27.003;

(13) denies a motion for summary judgment filed by an

electric utility regarding liability in a suit subject to Section

75.0022;

(14) denies a motion filed by a municipality with a

population of 500,000 or more in an action filed under Section

54.012(6) or 214.0012, Local Government Code;

(15) makes a preliminary determination on a claim

under Section 74.353;

(16) overrules an objection filed under Section

148.003(d) or denies all or part of the relief sought by a motion

under Section 148.003(f); or

(17) grants or denies a motion for summary judgment

filed by a contractor based on Section 97.002.

(a-1) Subsection (a) does not apply to an order granting or

denying a plea to the jurisdiction by a governmental unit as that

term is defined by Section 101.001 with respect to:

(1) a mandamus action; or

(2) a claim alleging performance of an ultra vires

act.

(a-2) A court shall strictly construe the limitation

described by Subsection (a-1).

SECTION 2. Section 51.015, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 51.015. COSTS OF APPEAL. (a) In the case of an appeal

brought pursuant to Section 51.014(a)(6), if the order appealed

from is affirmed, the court of appeals shall order the appellant to

pay all costs and reasonable attorney's [ attorney ] fees of the

appeal; otherwise, each party shall be liable for and taxed its own

costs of the appeal.

(b) In the case of an appeal of an order denying a plea to

the jurisdiction by a governmental unit as that term is defined by

Section 101.001 with respect to a mandamus action or a claim

alleging performance of an ultra vires act, if the order appealed

from is affirmed, the court of appeals shall order the governmental

unit to pay all costs and reasonable attorney's fees of the appeal.

SECTION 3. The change in law made by this Act applies only

to an order issued on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2025.