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TX SB1794

Bill

Status

Introduced

3/3/2025

Primary Sponsor

Mayes Middleton

Click for details

Origin

Senate

89th Legislature Regular Session

AI Summary

  • Requires political subdivisions and their officers/employees to obtain trial court approval before filing interlocutory appeals based on immunity claims (summary judgment denials) or jurisdiction pleas, adding a new gatekeeping requirement to Section 51.014 of the Civil Practice and Remedies Code

  • Sets strict criteria for trial court approval: the appeal must involve a controlling question of law with substantial grounds for disagreement, must materially advance case termination, and the resulting stay must not deprive the opposing party of constitutional rights

  • Establishes procedural deadlines requiring the motion for appeal to be filed within 30 days of the order being appealed, with opposing parties having 14 days to respond

  • Removes the automatic stay of all trial court proceedings for these appeals; stays only occur if the trial court expressly orders one, and parties may move to modify or dissolve stays based on hardship or changed circumstances

  • Applies only to actions filed on or after September 1, 2025, and explicitly states legislative intent that such interlocutory appeals and stays should be "authorized rarely"

Legislative Description

Relating to interlocutory appeal from certain orders by a political subdivision or an officer or employee of a political subdivision.

Civil Remedies & Liabilities

Last Action

Referred to Jurisprudence

3/13/2025

Committee Referrals

Jurisprudence3/13/2025

Full Bill Text

No bill text available