Bill > SB336

This bill modifies the Texas Civil Practice and Remedies Code regarding stays of proceedings during interlocutory appeals, specifically focusing on motions to dismiss related to certain constitutional rights. The bill introduces new provisions for how courts handle stays when a motion to dismiss (under Subsection (a)(12)) is denied. If the motion is denied as not timely, exempt, or frivolous, the trial court proceedings are automatically stayed for 60 days after the denial order. If the motion is denied for other reasons, the proceedings are stayed pending the appeal's resolution. Additionally, the bill gives courts of appeals the discretion to stay trial and other proceedings if they determine the appellant is likely to succeed on the merits or if it is in the interest of justice. The changes will only apply to motion denials ordered on or after the bill's effective date, which will be either immediately upon receiving a two-thirds vote in the Texas Legislature or September 1, 2025, if the immediate vote threshold is not met. This legislation aims to provide clearer guidelines and protections for parties seeking to appeal the denial of motions to dismiss in cases involving constitutional rights.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB336