Bill

HB 2776

85(R) - 2017
House Judiciary & Civil Jurisprudence
Senate State Affairs
House Judiciary & Civil Jurisprudence
Senate State Affairs
Civil Procedure
Courts

Companion Bill

SB 1441

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

John Smithee

Sponsor(s)

Brandon Creighton

Bill Caption

Relating to the right of certain appellants to supersede a judgment or order on appeal.

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would require the supreme court to adopt rules to clarify that certain appellants have the right to supersede a judgement or appeal. If this bill passes, the Texas Rules of Appellate Procedure would be modified to spell out that the state‚Äôs right to supersede a judgement or order cannot be affected by counter-supersedeas. This would apply to appellants who are representing the state of Texas, a department of this state, or the head of a department. 

The bill wold would clarify that counter-supersedeas would remain available to parties in a lawsuit concerning the matter that was the basis of a contested case in an administrative action. 

Vote Recommendation Notes

This bill's major impact is formalizing certain rules into the Texas Rules of Appellate Procedure. HB 2776 does not have a measurable impact on our liberty principles, therefore we will remain neutral. 

Organizations Supporting

Texas Conference of Urban Counties
Texas Municipal League