HB3647 - Relating to appeals from orders granting or denying a plea to the jurisdiction by a governmental unit in certain circumstances.

  89R13168 AMF-D     By: Oliverson, Schofield, Hayes 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.