89R14080 SCL-F     By: Middleton S.B. No. 1794       A BILL TO BE ENTITLED   AN ACT   relating to interlocutory appeal from certain orders by a political   subdivision or an officer or employee of a political subdivision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.014(a) and (b), Civil Practice and   Remedies Code, are amended to read as follows:          (a)  Except as provided by Section 51.0145, a [A] person may   appeal from an interlocutory order of a district court, county   court at law, statutory probate court, or county court that:                (1)  appoints a receiver or trustee;                (2)  overrules a motion to vacate an order that   appoints a receiver or trustee;                (3)  certifies or refuses to certify a class in a suit   brought under Rule 42 of the Texas Rules of Civil Procedure;                (4)  grants or refuses a temporary injunction or grants   or overrules a motion to dissolve a temporary injunction as   provided by Chapter 65;                (5)  denies a motion for summary judgment that is based   on an assertion of immunity by an individual who is an officer or   employee of the state or a political subdivision of the state;                (6)  denies a motion for summary judgment that is based   in whole or in part upon a claim against or defense by a member of   the electronic or print media, acting in such capacity, or a person   whose communication appears in or is published by the electronic or   print media, arising under the free speech or free press clause of   the First Amendment to the United States Constitution, or Article   I, Section 8, of the Texas Constitution, or Chapter 73;                (7)  grants or denies the special appearance of a   defendant under Rule 120a, Texas Rules of Civil Procedure, except   in a suit brought under the Family Code;                (8)  grants or denies a plea to the jurisdiction by a   governmental unit as that term is defined in Section 101.001;                (9)  denies all or part of the relief sought by a motion   under Section 74.351(b), except that an appeal may not be taken from   an order granting an extension under Section 74.351;                (10)  grants relief sought by a motion under Section   74.351(l);                (11)  denies a motion to dismiss filed under Section   90.007;                (12)  denies a motion to dismiss filed under Section   27.003;                (13)  denies a motion for summary judgment filed by an   electric utility regarding liability in a suit subject to Section   75.0022;                (14)  denies a motion filed by a municipality with a   population of 500,000 or more in an action filed under Section   54.012(6) or 214.0012, Local Government Code;                (15)  makes a preliminary determination on a claim   under Section 74.353;                (16)  overrules an objection filed under Section   148.003(d) or denies all or part of the relief sought by a motion   under Section 148.003(f); or                (17)  grants or denies a motion for summary judgment   filed by a contractor based on Section 97.002.          (b)  An interlocutory appeal under Subsection (a), other   than an appeal under Subsection (a)(4) or in a suit brought under   the Family Code, stays the commencement of a trial in the trial   court pending resolution of the appeal.  Except as provided by   Section 51.0145, an [An] interlocutory appeal under Subsection   (a)(3), (5), (8), or (12) also stays all other proceedings in the   trial court pending resolution of that appeal.          SECTION 2.  Subchapter B, Chapter 51, Civil Practice and   Remedies Code, is amended by adding Section 51.0145 to read as   follows:          Sec. 51.0145.  PERMISSION REQUIRED FOR CERTAIN   INTERLOCUTORY APPEALS. (a) Before an officer or employee of a   political subdivision may appeal from an interlocutory order under   Section 51.014(a)(5) or a political subdivision may appeal from an   interlocutory order under Section 51.014(a)(8), the trial court   that issued the order must approve the appeal in accordance with   this section.          (b)  A party seeking an appeal subject to this section must   file with the trial court and serve a motion requesting the appeal   not later than the 30th day after the date of the order that is the   subject of the appeal is entered.  An opposing party may file a   response to the motion not later than the 14th day after the date   the motion is filed.          (c)  A trial court may authorize an appeal subject to this   section only if:                (1)  the appeal involves a controlling question of law   as to which there is a substantial ground for difference of opinion;                (2)  an immediate appeal from the order that is the   subject of the appeal may materially advance the ultimate   termination of the action; and                (3)  the issuance of a stay of proceedings during   pendency of the appeal will not materially deprive the non-moving   party from exercising a right protected by the Texas Constitution   or United States Constitution.          (d)  The trial court's order authorizing an appeal under this   section does not stay proceedings in the trial court unless the   order expressly states that the proceedings are stayed.          (e)  During the pendency of an appeal authorized under this   section in which the trial court has expressly stayed the   proceedings, a party may move the trial court to modify or dissolve   a stay of proceedings due to hardship, a change in circumstances, or   any other reason.  The trial court shall consider and rule on a   motion to modify or dissolve a stay of proceedings not later than   the 30th day after the date the motion is filed.  The trial court   retains jurisdiction over consideration of a stay throughout the   appeal.          (f)  It is the intent of the legislature that interlocutory   appeals and stays of proceedings under this section be authorized   rarely.          SECTION 3.  The changes in law made by this Act apply only to   an action filed on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.