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Bill

SB 336

Relating to the stay of proceedings pending an interlocutory appeal of a denial of a motion to dismiss in an action involving the exercise of certain constitutional rights.

89th Legislature (2025) Introduced by Bryan Hughes

Texas bill allowing courts to pause civil litigation when defendants appeal denied motions to dismiss involving constitutional rights protections.

Referred to State Affairs
#civilremedies&liabilities(i0065)
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Bill Summary · SB 336

Legislative bill overview

SB 336 would allow courts to pause ongoing legal proceedings when a defendant appeals a judge's decision to deny a motion to dismiss in cases involving constitutional rights. The bill specifically addresses situations where lower courts reject early attempts to dismiss cases based on constitutional protections, enabling defendants to seek appellate review before the case continues.

Why is this important

This affects the balance between protecting constitutional rights and allowing cases to proceed efficiently. By pausing proceedings during appeals, defendants gain more opportunity to challenge cases on constitutional grounds before investing in full litigation. However, this could also delay justice for plaintiffs and create backlogs in the court system, depending on how frequently it's used.

Potential points of contention

  • Which constitutional rights qualify: The bill references "certain constitutional rights" without specifying which ones, leaving ambiguity about scope and potential for inconsistent application across cases
  • Litigation delays: Automatic stays could significantly slow civil cases and burden appellate courts, particularly affecting plaintiffs seeking timely resolution and potentially disadvantaging parties without resources for extended litigation
  • Breadth vs. specificity: Opponents may argue this gives defendants too much procedural advantage, while supporters may contend the specified rights aren't clearly protected enough under current law

Compiled from official sources — confirm details with the bill’s official record.

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