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A BILL TO BE ENTITLED
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AN ACT
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relating to the automatic stay of proceedings pending an |
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interlocutory appeal of a denial of a motion to dismiss in an action |
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involving the exercise of certain constitutional rights. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014, Civil Practice and Remedies |
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Code, is amended by adding Subsection (c-1) to read as follows: |
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(c-1) A denial of a motion to dismiss described by |
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Subsection (a)(12) is not subject to the automatic stay under |
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Subsection (b) if the order denying the motion states that the |
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motion was: |
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(1) denied as not timely filed under Section |
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27.003(b); |
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(2) determined to be frivolous or solely intended to |
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delay under Section 27.009(b); or |
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(3) denied because the action is exempt under Section |
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27.010(a). |
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SECTION 2. The change in law made by this Act applies only |
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to an action filed on or after the effective date of this Act. An |
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action filed before the effective date of this Act is governed by |
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the law applicable to the action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
Introduced: Civil Practice and Remedies Code 51.014 (Civil Practice and Remedies Code 51)