SB 2516
AN ACT relating to the court orders eligible for an interlocutory appeal.
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the court orders eligible for an interlocutory appeal.
Subject Areas
Bill Text
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 (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 (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, (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 (9) [(11)] denies a motion to dismiss filed under (10) [(12)] denies a motion to dismiss filed under (11) [(13)] denies a motion for summary judgment filed by an electric utility regarding liability in a suit subject to (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 (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 (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: (B) the first other responsive pleading to the (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 SECTION 3. Section 2301.756(a), Occupations Code, is (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 SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the court orders eligible for an interlocutory appeal.
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