|
|
|
|
By: Smithee (Senate Sponsor - Creighton) |
H.B. No. 2776 |
|
(In the Senate - Received from the House May 8, 2017; |
|
May 9, 2017, read first time and referred to Committee on State |
|
Affairs; May 19, 2017, reported adversely, with favorable |
|
Committee Substitute by the following vote: Yeas 8, Nays 1; |
|
May 19, 2017, sent to printer.) |
Click here to see the committee vote |
|
|
COMMITTEE SUBSTITUTE FOR H.B. No. 2776 |
By: Creighton |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the right of certain appellants to supersede a judgment |
|
or order on appeal. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 22.004, Government Code, is amended by |
|
adding Subsection (i) to read as follows: |
|
(i) The supreme court shall adopt rules to provide that the |
|
right of an appellant under Section 6.001(b)(1), (2), or (3), Civil |
|
Practice and Remedies Code, to supersede a judgment or order on |
|
appeal is not subject to being counter-superseded under Rule |
|
24.2(a)(3), Texas Rules of Appellate Procedure, or any other rule. |
|
Counter-supersedeas shall remain available to parties in a lawsuit |
|
concerning a matter that was the basis of a contested case in an |
|
administrative enforcement action. |
|
SECTION 2. The Texas Supreme Court shall adopt the rules |
|
required by Section 22.004(i), Government Code, as added by this |
|
Act, before May 1, 2018. |
|
SECTION 3. This Act takes effect September 1, 2017. |
|
|
|
* * * * * |