Bill > HB2459

This bill modifies Texas Civil Practice and Remedies Code Section 51.014 regarding the automatic stay of legal proceedings during an interlocutory appeal, specifically focusing on motions to dismiss related to constitutional rights. The bill introduces new provisions for how different types of motion dismissals are handled, creating nuanced rules about when trial proceedings are automatically paused. Under the new law, if a motion to dismiss is denied for specific reasons (such as being untimely, exempt under certain conditions, or deemed frivolous), the trial court proceedings will automatically stay for 60 days. In other cases of motion denial, proceedings will be stayed pending the appeal's resolution. Additionally, the court of appeals gains discretion to stay trial proceedings if it determines the appellant is likely to succeed on the merits or if justice requires it. The changes will only apply to motion denials ordered on or after the bill's effective date, which requires a two-thirds vote in the Texas legislature to take effect immediately, or will otherwise become effective September 1, 2025. This legislation appears designed to provide clearer procedural guidance and protections for parties appealing motion dismissals involving constitutional rights.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2459