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A BILL TO BE ENTITLED
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AN ACT
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relating to expedited proceedings in cases involving dangerously |
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damaged or deteriorated or substandard buildings or improvements in |
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a municipality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.014(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; |
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(12) denies a motion to dismiss filed under Section |
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27.003; [or] |
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(13) denies a motion for summary judgment filed by an |
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electric utility regarding liability in a suit subject to Section |
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75.0022; or |
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(14) denies a motion filed by a governmental unit as |
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defined by Section 101.001 of this code in an action filed under |
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Section 54.012(6) or 214.0012, Local Government Code. |
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SECTION 2. Subchapter B, Chapter 54, Local Government Code, |
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is amended by adding Section 54.0155 to read as follows: |
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Sec. 54.0155. EXPEDITED PROCEEDINGS FOR CERTAIN CIVIL |
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ACTIONS. (a) A court shall expedite any proceeding, including an |
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appeal in accordance with Subsection (b), related to a suit brought |
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under this subchapter for the enforcement of an ordinance relating |
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to dangerously damaged or deteriorated structures or improvements |
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as described by Section 54.012(6). |
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(b) An appeal of a suit described by Subsection (a) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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SECTION 3. Section 214.001, Local Government Code, is |
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amended by adding Subsection (s) to read as follows: |
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(s) A court shall expedite any proceeding, including an |
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appeal in accordance with Section 214.0012, related to a |
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substandard building determination under this section. |
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SECTION 4. Section 214.0012, Local Government Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) An appeal under this section is governed by the |
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procedures for accelerated appeals in civil cases under the Texas |
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Rules of Appellate Procedure. The district court shall render its |
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final order or judgment with the least possible delay. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |