The bill amends Section 51.014 of the Civil Practice and Remedies Code to establish new provisions regarding the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in cases involving certain constitutional rights. Specifically, it introduces Subsections (c-1) and (c-2), which outline the conditions under which a trial and other proceedings in the trial court are stayed. An interlocutory appeal under Subsection (a)(12) will now stay both the commencement of a trial and other proceedings until the 61st day after the order denying the motion is signed, provided the order specifies certain reasons for the denial. If the motion is denied for reasons not specified, the stay will continue pending resolution of the appeal.
Additionally, the bill allows the court of appeals to stay proceedings based on a determination that the appellant is likely to succeed on the merits or in the interest of justice. The changes apply only to denials of motions to dismiss ordered on or after the effective date of the Act, with prior denials governed by the law in effect before this amendment. The Act will take effect immediately if it receives a two-thirds vote from both houses; otherwise, it will take effect on September 1, 2025.
Statutes affected: Introduced: Civil Practice and Remedies Code 51.014 (Civil Practice and Remedies Code 51)