Schofield Bill Ends Early Appeals For Government Defendants Claiming Immunity

The text as introduced · 872 words

89R14904 MZM-D

By: Schofield
H.B. No. 5477

A BILL TO BE ENTITLED

AN ACT

relating to the court orders eligible for an interlocutory appeal.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 51.014(a), (b), and (c), Civil Practice

and Remedies Code, are amended 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;

(6) [ (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) grants or denies a plea to the jurisdiction by a

governmental unit as that term is defined in Section 101.001; ]

(7) [ (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;

(8) [ (10) ] grants relief sought by a motion under

Section 74.351(l);

(9) [ (11) ] denies a motion to dismiss filed under

Section 90.007;

(10) [ (12) ] denies a motion to dismiss filed under

Section 27.003;

(11) [ (13) ] denies a motion for summary judgment filed

by an electric utility regarding liability in a suit subject to

Section 75.0022;

(12) [ (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;

(13) [ (15) ] makes a preliminary determination on a

claim under Section 74.353;

(14) [ (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

(15) [ (17) ] grants or denies a motion for summary

judgment filed by a contractor based on Section 97.002.

(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), (8), ] or 10 [ (12) ] also stays all

other proceedings in the trial court pending resolution of that

appeal.

(c) A denial of a [ motion for summary judgment, ] special

appearance[ , or plea to the jurisdiction ] described by Subsection

(a)(6) [ (a)(5), (7), or (8) ] is not subject to the automatic stay

under Subsection (b) unless the [ motion, ] special appearance[ , or

plea to the jurisdiction ] is filed and requested for submission or

hearing before the trial court not later than the later of:

(1) a date set by the trial court in a scheduling order

entered under the Texas Rules of Civil Procedure; or

(2) the 180th day after the date the defendant files:

(A) the original answer;

(B) the first other responsive pleading to the

plaintiff's petition; or

(C) if the plaintiff files an amended pleading

that alleges a new cause of action against the defendant and the

defendant is able to raise a defense to the new cause of action

under Subsection (a)(6) [ (a)(5), (7), or (8) ], the responsive

pleading that raises that defense.

SECTION 2. Section 51.015, Civil Practice and Remedies

Code, is amended to read as follows:

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

brought pursuant to Section 51.014(a)(5) [ 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 fees of the

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

costs of the appeal.

SECTION 3. Section 2301.756(a), Occupations Code, is

amended to read as follows:

(a) A writ of error is allowed from the supreme court for an

appeal of an interlocutory order described by Section 51.014(a)(3)

or (5) [ (6) ], Civil Practice and Remedies Code, in a civil action

involving a license holder.

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