Suing A City? Middleton Bill Ends Its Automatic Immunity Appeal

The text as introduced · 966 words

89R14080 SCL-F

By: Middleton
S.B. No. 1794

A BILL TO BE ENTITLED

AN ACT

relating to interlocutory appeal from certain orders by a political

subdivision or an officer or employee of a political subdivision.

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

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

Remedies Code, are amended to read as follows:

(a) Except as provided by Section 51.0145, 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) 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.

(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. Except as provided by

Section 51.0145, an [ An ] interlocutory appeal under Subsection

(a)(3), (5), (8), or (12) also stays all other proceedings in the

trial court pending resolution of that appeal.

SECTION 2. Subchapter B, Chapter 51, Civil Practice and

Remedies Code, is amended by adding Section 51.0145 to read as

follows:

Sec. 51.0145. PERMISSION REQUIRED FOR CERTAIN

INTERLOCUTORY APPEALS. (a) Before an officer or employee of a

political subdivision may appeal from an interlocutory order under

Section 51.014(a)(5) or a political subdivision may appeal from an

interlocutory order under Section 51.014(a)(8), the trial court

that issued the order must approve the appeal in accordance with

this section.

(b) A party seeking an appeal subject to this section must

file with the trial court and serve a motion requesting the appeal

not later than the 30th day after the date of the order that is the

subject of the appeal is entered. An opposing party may file a

response to the motion not later than the 14th day after the date

the motion is filed.

(c) A trial court may authorize an appeal subject to this

section only if:

(1) the appeal involves a controlling question of law

as to which there is a substantial ground for difference of opinion;

(2) an immediate appeal from the order that is the

subject of the appeal may materially advance the ultimate

termination of the action; and

(3) the issuance of a stay of proceedings during

pendency of the appeal will not materially deprive the non-moving

party from exercising a right protected by the Texas Constitution

or United States Constitution.

(d) The trial court's order authorizing an appeal under this

section does not stay proceedings in the trial court unless the

order expressly states that the proceedings are stayed.

(e) During the pendency of an appeal authorized under this

section in which the trial court has expressly stayed the

proceedings, a party may move the trial court to modify or dissolve

a stay of proceedings due to hardship, a change in circumstances, or

any other reason. The trial court shall consider and rule on a

motion to modify or dissolve a stay of proceedings not later than

the 30th day after the date the motion is filed. The trial court

retains jurisdiction over consideration of a stay throughout the

appeal.

(f) It is the intent of the legislature that interlocutory

appeals and stays of proceedings under this section be authorized

rarely.

SECTION 3. The changes in law made by this Act apply only to

an action filed on or after the effective date of this Act.

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