The bill amends Section 51.014 of the Civil Practice and Remedies Code to establish specific provisions regarding the stay of proceedings in cases involving interlocutory appeals related to the denial of motions to dismiss, particularly those that pertain to constitutional rights. It introduces new subsections (c-1) and (c-2), which outline the conditions under which a trial and other proceedings in the trial court are stayed following a denial of a motion to dismiss. Specifically, if the motion is denied for reasons such as being untimely filed, exempt under certain provisions, or deemed frivolous, the stay lasts until the 61st day after the order is signed. If the denial is for other reasons or lacks a stated reason, the stay continues until the appeal is resolved.
Additionally, the bill clarifies that the court of appeals may stay proceedings if it determines that the appellant is likely to succeed on the merits or if it serves 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 upon receiving a two-thirds vote from both houses or on September 1, 2025, if such a vote is not achieved.
Statutes affected: Introduced: Civil Practice and Remedies Code 51.014 (Civil Practice and Remedies Code 51)