H.B. No. 2459 amends Section 51.014 of the Civil Practice and Remedies Code to establish new provisions regarding the stay of proceedings in cases involving interlocutory appeals related to the denial of motions to dismiss. The bill specifies that an interlocutory appeal under Subsection (a)(12) will stay both the commencement of a trial and other proceedings in the trial court. Additionally, it introduces Subsections (c-1) and (c-2), which outline specific conditions under which a denial of a motion to dismiss will result in a stay. For instance, if the denial is based on the motion being untimely, exempt under certain provisions, or deemed frivolous, the stay lasts until the 61st day after the order is signed. If the denial does not fall under these categories, the stay will continue until the appeal is resolved.

The bill also allows the court of appeals to stay proceedings if it determines that the appellant is likely to succeed on the merits or if it serves the interest of justice. Importantly, the changes made by this Act will only apply to denials of motions to dismiss ordered on or after its effective date, 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)