Understanding the New Summary Judgment Rules in SB 293: A Game-Changer for Texas Courts?
Introduction
In a move to streamline judicial efficiency in Texas courts, Senate Bill 293 (SB 293) introduces new mandatory deadlines for summary judgment rulings. The bill directly amends Chapter 23 of the Texas Government Code, impacting how trial courts manage and report summary judgment motions.
This article provides reviews:
The key changes introduced by SB 293 to Chapter 23;
Detailed deadlines and reporting rules for summary judgment motions;
Judicial transparency and accountability provisions;
Relevant policy analysis from the legislative bill analysis; and
What attorneys and law firms need to know moving forward.
Overview: What is SB 293?
SB 293, effective September 1, 2025, is designed to enhance judicial accountability and efficiency by:
Establishing strict timelines for summary judgment decisions;
Mandating court compliance reporting;
Enhancing judicial transparency through standardized reporting; and
Reinforcing the power of the State Commission on Judicial Conduct
One of the most impactful amendments for Texas litigators is Section 23.303, which codifies specific procedures for handling summary judgment motions across trial courts in Texas.
Changes to Chapter 23 of the Government Code
New Section 23.303 – Summary Judgment Procedures
SB 293 adds Section 23.303 to Subchapter D of Chapter 23, introducing a standardized, mandatory framework for how courts must address summary judgment motions.
Key Procedural Deadlines
Under the new law:
Oral Argument or Consideration Deadline:
Courts must hear oral argument or consider the motion without oral argument within 45 days after the response to the motion is filed.
Written Ruling Deadline:
Courts are required to file a written ruling within 90 days of hearing or considering the motion.
Docket Entry Requirement:
If no oral argument occurs, the court must note the date of consideration in the docket.
These provisions apply to (1) business courts; (2) district courts, and (3) statutory county courts.
Court Reporting / Transparency
Court Clerks’ Reporting Obligations:
Must report compliance with Section 23.303 deadlines at least quarterly to the Office of Court Administration.
OCA’s Annual Report:
OCA will issue an annual public report by December 31 of each year, detailing court compliance for the previous fiscal year. This report goes to the Governor, Lietenant Governor, and Speaker of the House.
Important Note:
These deadlines cannot be modified or repealed by the Texas Supreme Court through rule-making authority.
Timeline Summary for Summary Judgment Motions
Response to Motion Filed: Day 0
Motion Heard or Considered: By Day 45 after response is filed
Written Ruling Issued: by day 90 after hearing or consideration
Docket Entry (if no argument): On the date of consideration
Compliance Report (Court Clerk): At least once per quarter
OCA Public Report: By December 31 each year
Enforcement and Oversight
The statute places responsibility on both courts and clerks. Compliance is monitored and enforced through the OCA’s reporting mechanism. Failure to comply may not have direct penalties yet, but the public reporting of noncompliance creates reputational accountability—especially important in high-profile or political litigation.
Judicial Transparency Mandates: Beyond Summary Judgment
SB 293 includes an amendment to Chapter 72, Government Code, adding § 72.0396. This amendment is intended to increase judicial accountability through mandated biannual transparency reporting. The Section requires the following:
Judges must report: (1) hours spent in court; and (2) hours spent on case-related duties, administrative work, and education;
Reports are submitted to the presiding regional judge, and compiled by the OCA; and
An annual report is sent to state leadership and made public, highlighting judicial productivity.
Policy Insights: Why This Matters
The Senate Research Center’s analysis of SB 293 revealed three key legislative goals:
Efficiency Reducing delays in civil litigation by enforcing strict summary judgment timelines;
Transparency Requiring measurable documentation of judges’ workloads and performance; and
Accountability Introducing public oversight through mandatory reporting to government officials and publication online.
These reforms aim to address long-standing concerns about delays in judicial decision-making—particularly in civil and commercial litigation.
Implications for Attorneys and Law Firms
Attorneys practicing in Texas must now:
Track Deadlines Closely: Knowing that courts are bound to act within 90 days after hearing/considering summary judgment motions is crucial for planning litigation strategy.
Request Docket Entries: If oral argument is waived, ensure the court records the date of consideration. This may become important if a court fails to rule in time.
Use OCA Reports Strategically: Public compliance reports may inform motion practice decisions. This is especially true in jurisdictions with historically slow rulings.
Prepare for Greater Accountability: Courts will face pressure to meet timelines, possibly accelerating the pace of motion practice and affecting litigation budgets and timelines.
Practical Considerations: What Should Law Firms Do?
Update Internal Calendaring Systems:
Track the 45- and 90-day windows from the date of response filing.
Include Statutory Deadlines in Motions:
Reference Section 23.303 in your motion practice to remind the court of its statutory obligations.
Monitor OCA Reports Annually:
These may influence forum selection, especially for large commercial cases.
Train Associate Attorneys:
Ensure associates and new litigators are aware of the new rules and how to utilize them in advocacy.
Educate Clients:
Let clients know that cases may move faster now—and that summary judgment decisions will be more predictable.
Conclusion
SB 293 represents an important shift in how Texas courts handle motions for summary judgment. By adding enforceable deadlines and public accountability mechanisms, the legislature has sent a clear message: timely justice is essential to a functional civil system. SB 293’s intent is clear but, like any new law, the practical implementation of SB 293 will likely take time. Today is day 2 of its effectiveness, and it is likely that practitioners will begin seeing SB 293’s language in MSJs filed this week.