Texas judges must now follow a strict schedule when holding hearings and ruling on motions for summary judgment. This new legislation, effective September 1, 2025, aims to provide Texas litigants with more certainty about the motions for summary judgment that they file.
Senate Bill 293—signed into law on June 20, 2025, and codified at Section 23.303 of the Texas Government Code—places strict requirements on district, county, and business courts in Texas to set timely hearings on motions for summary judgment and issue punctual rulings. The new law requires that courts take three primary steps related to summary judgment practice in Texas, each of which is detailed below.
First, the law mandates that courts hear oral argument on the motion (or consider the motion on a submission docket) within 45 days after the response is filed. Because Texas law already requires that responses be filed seven days before a summary judgment hearing, this provision of the new law seems aimed at the courts’ usage of their submission dockets. So even if a party is unable to obtain an oral hearing on the motion—and instead sets the motion on the court’s submission docket—the party can know that the motion will be considered in a timely fashion.
Second, in support of the first requirement, the law mandates that courts file written rulings within 90 days of the hearing or consideration of the motion by submission. Previously, courts had no obligation to issue any rulings on motions for summary judgment. And as many know, this caused summary judgments to linger for months, oftentimes with motions still pending at the time of trial. This new law, however, means that courts will have no choice but to file a ruling – a welcome change for Texas lawyers.
Third, the law mandates that courts make docket entries reflecting the date the motion was considered (in the event the motion was not set for oral hearing). So, if a court decides to rule on the motion by submission—which is a relatively common occurrence for motions that are more standard or straightforward—the court must tell the litigants the date the motion was considered.
Compliance with this new law will be administratively monitored. Section 23.303(c) requires that courts report their compliance with the new law to the Office of Court Administration on a quarterly basis. The Office of Court Administration will then issue reports on an annual basis detailing compliance with the new law. The report will first go to the Governor, Lieutenant Governor, and the Speaker of the House, and then to the general public.
This new law will aid lawyers by providing clarity on their summary judgment practice. It will also, however, create circumstances in which the lawyer must be proactive and diligent. For example, if a lawyer has a motion that they or their client believes needs an oral hearing, the lawyer must be proactive in seeking the court’s availability. Otherwise, the lawyer risks the court placing the motion on its submission docket in order to comply with the new law’s requirements on the court itself.
The new law will undoubtedly start making its way into Texas’ appellate courts over the coming months. Gray Reed will provide updates as new opinions and discussions become available.
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