HB2459 - 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.

  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.