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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’s 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.
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