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HB 142

Louisiana HousePassed

Summary

HB 142, which provides for the continuous revision of the Code of Civil Procedure, was introduced in the House on Feb 13, 2026 by Rep. Nicholas Muscarello (R). It last saw action on May 15, 2026: Effective date: See Act.


Record

Text

HB 142 has 3 roll calls.

hb142/chaptered.txt
ENROLLED
2026 Regular Session
ACT No. 127
HOUSE BILL NO. 142
BY REPRESENTATIVE MUSCARELLO
(On Recommendation of the Louisiana State Law Institute)
AN ACT
To amend and reenact Code of Civil Procedure Articles 561, 1426(A)(introductory
paragraph), (B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128,
2166(F), 2167(D), and 4922 and R.S. 13:319 and 5206, to enact Code of Civil
Procedure Article 2083(D), and to repeal Code of Civil Procedure Article
1425(F)(5), relative to civil procedure; to provide for continuous revisions to the
Code of Civil Procedure and related provisions of the Revised Statutes; to provide
with respect to abandonment; to provide for motions to quash; to provide for notice
of trial; to provide with respect to default judgments; to provide with respect to
interlocutory, final, and partial final judgments; to provide with respect to payment
of costs and designation of the record on appeal; to provide with respect to
transmission of notice; to provide for the assignment and allotment of writs and
appeals; to provide with respect to the jurisdiction of small claims; to provide for
Comments; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. Code of Civil Procedure Articles 561, 1426(A)(introductory paragraph),
(B), and (C), 1572, 1702(C), 1841, 1914(E), 2083(B), 2126, 2128, 2166(F), 2167(D), and
4922 are hereby amended and reenacted and Code of Civil Procedure Article 2083(D) is
hereby enacted to read as follows:
Art. 561. Abandonment in trial and appellate court
A.(1) An action is abandoned when the parties fail to take any step in its
prosecution or defense in the trial court for a period of three years, unless it is a
succession proceeding:
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(a) Which has been opened;
(b) In which an administrator or executor has been appointed; or
(c) In which a testament has been probated.
(2) This provision Article shall be operative without formal order, but, on ex
parte motion of any party or other interested person by affidavit that states that no
step has been timely taken in the prosecution or defense of the action, the trial court
shall enter a formal order of dismissal as of the date of its abandonment. The sheriff
shall serve the order in the manner provided in Article 1314 and shall execute a
return pursuant to Article 1292. A step in the prosecution or defense in the trial court
shall interrupt the abandonment period. After the three-year abandonment period has
expired, the defendant may renounce the defense of abandonment.
(3) A motion to set aside a dismissal may be made only within thirty days
of the date of the sheriff's service of the order of dismissal. If the trial court denies
a timely motion to set aside the dismissal, the clerk of court shall give notice of the
order of denial pursuant to Article 1913(A) and shall file a certificate pursuant to
Article 1913(D). Any formal discovery authorized by this Code, whether or not filed
of record, including the taking of a deposition with or without formal notice,
constitutes a step in the prosecution or defense of an action against all parties on
whom the discovery was served or who were in attendance or represented at the
deposition.
(4) An appeal of an order of dismissal may be taken only within sixty days
of the date of the sheriff's service of the order of dismissal. An appeal of an order of
denial may be taken only within sixty days of the date of the clerk's mailing of the
order of denial.
B.(1) Any formal discovery as authorized by this Code and served on all
parties whether or not filed of record, including the taking of a deposition with or
without formal notice, shall be deemed to be a step in the prosecution or defense of
an action. Any party or other interested person may file an ex parte motion to dismiss
based on abandonment and shall attach to the motion to dismiss an affidavit of the
mover or the mover's attorney of record certifying all of the following:
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(a) The three-year abandonment period has expired.
(b) No timely step in the prosecution or defense of the action has been taken
pursuant to Subparagraph (A)(2) or (3) of this Article.
(c) No renunciation has occurred pursuant to Subparagraph (A)(2) of this
Article.
(2) The affidavit shall also include a list of all pleadings, documents, or
judgments that have been filed in the record during the three years preceding the date
on which the mover claims that the abandonment period expired. The mover shall
also list and attach all written communication pertaining to the action between the
mover and any adverse party or their attorneys of record in the one year preceding
the date on which the mover claims that the abandonment period expired.
C. The court shall enter an ex parte judgment of dismissal without prejudice
as of the date of the abandonment of the action if the record confirms and the
mover's accompanying affidavit attests to all of the following:
(1) The three-year abandonment period has expired.
(2) No timely step in the prosecution or defense of an action has been taken
pursuant to Subparagraph (A)(2) or (3) of this Article.
(3) The defendant has not renounced the defense of abandonment pursuant
to Subparagraph (A)(2) of this Article.
(4) No pleadings, documents, or judgments have been filed in the record
during the three years immediately preceding the expiration of the abandonment
period.
(5) There has been no written communication pertaining to the action
between the mover and any adverse party or their attorneys of record during the last
year of the abandonment period.
D. If the mover's affidavit certifies that any pleadings, documents, or
judgments have been filed in the record during the three years preceding the
expiration of the abandonment period or that there has been written communication
pertaining to the action between the mover and any adverse party or their attorneys
of record during the one year preceding the expiration of the abandonment period,
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the court shall either sign the judgment of dismissal ex parte or set the motion to
dismiss for a contradictory hearing.
E. The sheriff shall serve the ex parte judgment of dismissal in accordance
with Article 1314 and shall execute a return pursuant to Article 1292.
F. If an ex parte judgment of dismissal is granted, a motion to set aside the
dismissal may be filed within thirty days after the date of the sheriff's service of the
judgment of dismissal. At the hearing to set aside the dismissal, the burden of proof
rests with the mover of the original motion to dismiss based on abandonment. If the
trial court denies a timely motion to set aside the dismissal, the clerk of court shall
send notice of the order of denial pursuant to Article 1913(A) and shall file a
certificate pursuant to Article 1913(D).
G.(1) An appeal of a judgment of dismissal rendered ex parte may be taken
within sixty days after the date of the sheriff's service of the judgment of dismissal
pursuant to Paragraph E of this Article.
(2) An appeal of a judgment of dismissal rendered after a contradictory
hearing may be taken within sixty days after the clerk's transmission of that
judgment.
(3) An appeal of a denial of the motion to set aside a dismissal filed pursuant
to Paragraph F of this Article may be taken within sixty days after the clerk's
transmission of the order of denial.
C. H. An appeal is abandoned when the parties fail to take any step in its
prosecution or disposition for the period provided in the rules of the appellate court.
I. The granting of a motion to set aside a judgment of dismissal based on
abandonment and the reversal of a judgment of dismissal on appeal shall each
constitute a step in the prosecution or defense of an action.
J. For the purposes of this Article, "transmission" means the sending of
notice via the United States Postal Service, a commercial courier, or electronic mail.
K. This Article does not apply to succession proceedings.
L. If an action brought under this Section to enforce a conventional
obligation is dismissed pursuant to this Section, such dismissal, notwithstanding any
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other law to the contrary, shall operate to interrupt any applicable liberative
prescriptive period as though the dismissal of the action had not occurred.
Comments – 2026
(a) The amendments to Subparagraph (A)(2) of this Article retain the rule
that abandonment is operative without formal order. The amendments also adopt
current jurisprudential rules providing that a step in the prosecution or defense of an
action interrupts the three-year abandonment period and that, after the three-year
abandonment period has expired, the defendant may renounce the defense of
abandonment. See Foundation Elevation & Repair, LLC v. Miller, 408 So. 3d 893
(La. 2025).
(b) Subparagraph (B)(1) of this Article is new and requires that a more
detailed affidavit be included with the ex parte motion to dismiss based on
abandonment.
(c) Paragraph C of this Article now requires the court to sign an ex parte
judgment of dismissal without prejudice if the mover's affidavit attests to all of the
following: the abandonment period has expired; no timely step in the prosecution or
defense of the action has occurred; the defendant has not renounced the defense of
abandonment; no pleadings, documents, or judgments have been filed in the record
during the three years immediately preceding the expiration of the abandonment
period; and there has been no written communication pertaining to the action
between the mover and any adverse party or their attorneys of record during the year
preceding the expiration of the abandonment period.
(d) Paragraph D of this Article is new and requires the court to either sign
a judgment of dismissal ex parte or set the motion to dismiss for a contradictory
hearing if the mover's affidavit indicates that pleadings, documents, or judgments
have been filed in the record during the three-year abandonment period or that there
has been written communication pertaining to the action between the mover and any
adverse party or their attorneys of record during the year immediately preceding the
expiration of the abandonment period.
(e) Paragraph F of this Article establishes a new rule that the burden of proof
at a hearing on a motion to set aside a dismissal rests upon the mover of the initial
motion to dismiss based on abandonment.
* * *
Art. 1426. Protective orders; motions to quash
A. Upon motion by a party or by the person from whom discovery is sought
or to whom a subpoena is issued, and for good cause shown, the court in which the
action is pending or alternatively, on matters relating to a deposition or subpoena, the
court in the district where the deposition is to be taken or by which the subpoena is
issued may make any order which that justice requires to protect a party or person
from annoyance, embarrassment, oppression, or undue burden or expense, including
one or more of the following:
* * *
B. If the motion for a protective order or a motion to quash is denied in
whole or in part, the court may, on such terms and conditions as are just, order that
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any party or person provide or permit discovery. The provisions of Article 1469
apply to the award of expenses incurred in relation to the motion.
C. No provision of this Article authorizes a court to issue a protective order
or grant a motion to quash preventing or limiting discovery or ordering records
sealed if the information or material sought to be protected relates to a public hazard
or relates to information which that may be useful to members of the public in
protecting themselves from injury that might result from such the public hazard,
unless such the information or material sought to be protected is a trade secret or
other confidential research, development, or commercial information.
* * *
Art. 1572. Written request for notice Notice of trial
The clerk shall give written notice of the date of the trial whenever a written
request therefor is filed in the record or is made by registered mail by a party or to
all counsel of record, or if there is no counsel of record, to a self-represented party.
This notice shall be sent in accordance with Article 1313(A)(4) or mailed by the
clerk, by certified mail, properly stamped and addressed, at least ten days before the
date fixed for the trial. The provisions of this article Article may be waived in
writing or on the record by all counsel of record at a pre-trial conference a party or
the party's attorney.
Comments - 2026
The amendment to this Article removes the requirement that a party must
submit a written request to receive notice of trial. The clerk of court must now
provide notice of trial to all counsel of record, or if there is no counsel of record, to
a self-represented party. The notice must be sent either by electronic means in
accordance with the requirements of Article 1313(A)(4) or by certified mail. The
amendment also provides that any waiver of notice of trial must be in writing or on
the record.
* * *
Art. 1702. Default judgment
* * *
C. In those proceedings in which the sum due is on an open account or a
promissory note, other negotiable instrument, or other conventional obligation, or a
deficiency judgment derived therefrom, including those proceedings in which one
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or more mortgages, pledges, or other security for the open account, promissory note,
negotiable instrument, conventional obligation, or deficiency judgment derived
therefrom is sought to be enforced, maintained, or recognized, or in which the
amount sought is that authorized by R.S. 9:2782 for a check dishonored for
nonsufficient funds, a hearing in open court shall not be required unless the judge
court, in his its discretion, directs that such a the hearing be held. The plaintiff shall
submit to the clerk of court the proof required by law and the original and not less
than one copy of the proposed default judgment. The judge court shall, within
seventy-two hours of after receipt of such the submission from the clerk of court,
sign the proposed default judgment or direct that a hearing be held. The Before the
default judgment is signed, the clerk of court shall certify that no answer or other
pleading has been filed by the defendant. The minute clerk shall make an entry
showing the dates of receipt of proof, review of the record, and rendition of the
default judgment. A certified copy of the signed default judgment shall be sent to the
plaintiff by the clerk of court, and notice of the signing of the default judgment shall
be given as provided in accordance with Article 1913.
* * *
Art. 1841. Judgments,; interlocutory and final
A. A judgment is the determination of the rights of the parties in an action
and may award any relief to which the parties are entitled. It may be interlocutory
or final.
B.(1) A judgment that does not determine the merits but only preliminary
matters in the course of the action is an interlocutory judgment determines the merits
in whole is a final judgment.
(2) A judgment that determines the merits in whole or in part is may be a
partial final judgment in accordance with Article 1915(A) or an interlocutory
judgment in accordance with Article 1915(C).
C. A judgment that does not determine the merits but determines only
preliminary matters in the course of the action is an interlocutory judgment.
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Comments - 2026
This amendment seeks to clarify the law. Article 1915(A) provides for
partial final judgments that are appealable. Article 1915(C) provides for partial
judgments that are interlocutory judgments. Article 2083 provides that a partial final
judgment and an interlocutory judgment are appealable only when expressly
provided by law.
* * *
Art. 1914. Interlocutory judgments; notice; delay for further action
* * *
E. The provisions of this Article do not apply to an interlocutory injunctive
order or judgment the certification or denial of a certification of a class action in
accordance with Article 592(A)(3)(c) or appealable orders or judgments granting or
denying a preliminary injunction in accordance with Article 3612.
Comments - 2026
This amendment clarifies the law. Articles 592(A)(3)(c) and 3612 provide
for interlocutory orders and judgments from which an appeal may be taken as a
matter of right. Thus, the notice requirements set forth in this Article are not
applicable. Rather, the required notice should satisfy the provisions of Article 1913.
This is consistent with Article 2083 providing that an interlocutory judgment is
appealable only when expressly provided by law.
* * *
Art. 2083. Judgments appealable
* * *
B. In reviewing a judgment reformed in accordance with a remittitur or
additur, the court shall consider the reasonableness of the underlying jury verdict.
A partial final judgment rendered in accordance with Article 1915(A) is appealable
in all causes in which appeals are given by law. Other partial final judgments are
appealable only when expressly provided by law.
* * *
D. In reviewing a judgment reformed in accordance with a remittitur or
additur, the court shall consider the reasonableness of the underlying jury verdict.
Comments - 2026
The amendment to Paragraph B of this Article clarifies the law and is
consistent with the amendments to Article 1841. See also Articles 592(A)(3)(c) and
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3612 for examples of instances in which an appeal may be taken as a matter of right
from an interlocutory order or judgment.
* * *
Art. 2126. Payment of costs
A. The clerk of the trial court, immediately after After the order of appeal
has been granted, the clerk of the trial court shall estimate the cost of the preparation
of the record on appeal, including the fee of the court reporter for preparing the
transcript and the filing fee required by the appellate court. The clerk shall send
transmit notices of the estimated costs by certified mail to the appellant and by first
class mail to the appellee.
B. Within twenty days of the mailing of notice If the parties have not
designated the record on appeal pursuant to Article 2128, the appellant shall, within
twenty days after transmission of the notice of the estimated costs, pay the amount
of the estimated costs to the clerk. The trial court may grant one extension of the
period for paying the amount of the estimated costs for not more than an additional
twenty days upon written motion showing good cause for the extension.
C. If the parties have designated the record on appeal pursuant to Article
2128, the clerk shall transmit a revised notice of the estimated costs to the appellant
and appellee. The appellant shall, within twenty days after transmission of the
revised notice of estimated costs, pay the amount of the estimated costs to the clerk.
The trial court may grant one extension of the period for paying the amount of the
revised estimated costs for not more than an additional twenty days upon written
motion showing good cause for the extension.
D. The appellant may question the excessiveness of the estimated costs by
filing a written application motion for reduction in the trial court within the first
twenty-day time limit, and the if the record has not been designated pursuant to
Article 2128, or within twenty days after transmission of the revised notice of
estimated costs if the record has been designated pursuant to Article 2128. The trial
court may order reduction of the estimate upon proper showing. If an application the
motion for reduction has been timely filed, the appellant shall have twenty days to
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pay the costs beginning from the date of the action by the trial court on application
the motion for reduction.
D. E. After the preparation of the record on appeal has been completed, the
clerk of the trial court shall, as the situation may require, either refund to the
appellant the difference between the estimated costs and the actual costs, if the
estimated costs exceed the actual costs, or send a transmit notice by certified mail to
the appellant of the amount of additional costs due, if the actual costs exceed the
estimated costs. If the payment of additional costs is required, the appellant shall pay
the amount of additional costs within twenty days of the mailing after transmission
of the notice.
E. F. If the appellant fails to pay the estimated costs, or the difference
between the estimated costs and the actual costs, within the time specified, the trial
judge, on his own motion or upon motion by the clerk or by any party, and after a
hearing, shall do one of the following:
(1) Enter a formal order of dismissal of the appeal on the grounds of
abandonment; or.
(2) Grant a ten day ten-day period within which costs must shall be paid in
full, in default of which the appeal is dismissed as abandoned.
F. G. If the appellant pays the costs required by this Article, the appeal may
shall not be dismissed because of the passage of the return day without an extension
being obtained or because of an untimely lodging of the record on appeal.
H. For the purposes of this Article, "transmit" means the sending of notice
via certified mail, electronic mail to the email address designated by counsel or the
party, or commercial courier. The sending of notice by electronic means is complete
upon transmission, provided that the sender receives an electronic confirmation of
delivery.
Comments – 2026
Requirements relative to the transmission of the notice for the payment of
estimated costs are adapted from the service requirements set forth in Article
1313(C) applicable to pleadings and orders that set a court date and from Article
2166(F) defining "transmission of notice" with respect to the appellate court.
* * *
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Art. 2128. Same; determination of content
The form and content of the record on appeal shall be in accordance with the
rules of the appellate court, except as provided in the constitution Constitution of
Louisiana and as provided in Article 2128.1. However, within three days, exclusive
of holidays, after taking the appeal Within ten days after transmission of the notices
of estimated costs by the clerk of court as provided in Article 2126, however, the
appellant may designate in a writing by written notice filed with the trial court such
the portions of the record which he that the appellant desires to constitute the record
on appeal. Within five fourteen days, exclusive of holidays, after service of a copy
of this designation on the other party, that party may also designate in a writing by
written notice filed with the trial court such other portions of the record as he the
party considers necessary. In such those cases, the clerk shall prepare the record on
appeal as so directed, but a party or the trial court may cause to be filed thereafter
any omitted portion of the record as a supplemental record. When no designation is
made, the record shall be a transcript of all of the proceedings as well as all
documents filed in the trial court.
* * *
Art. 2166. Court of appeal judgment rehearing; finality; stay
* * *
F. For the purposes of this Article, "transmission of the notice" means the
sending of the notice via the United States Postal Service, or electronic mail, or
facsimile.
Art. 2167. Supreme court judgment rehearing; finality; stay
* * *
D. For the purposes of this Article, "transmission of the notice" means the
sending of the notice via the United States Postal Service, or electronic mail, or
facsimile.
* * *
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Art. 4922. Notice of judgment; justice of the peace courts; district courts with
concurrent jurisdiction
Notice of the signing of any final judgment shall be given as required by in
accordance with Article 1913, except that if the party is personally served with the
judgment in open court, no further notice shall be required.
Comments - 2026
This amendment does not change the law. Article 1913 was previously
amended to provide that delivery of the signed judgment in open court shall
constitute notice of judgment and shall be documented in the record of the
proceeding.
Section 2. R.S. 13:319 and 5206 are hereby amended and reenacted to read as
follows:
§319. Assignment and allotment of cases
Each civil and criminal appeal and each application for writs shall be
randomly assigned by the clerk, subject to the direct supervision of the court. Except
for good cause shown, all writs and appeals from contemporaneously rendered orders
or judgments from a lower court in the same action or consolidated cases shall be
assigned to the same randomly selected panel.
Comments - 2026
This amendment permits the clerk of the court of appeal to assign writs and
appeals in accordance with procedures that were commonly used prior to the 2018
amendment of this Section, thus preventing duplicative adjudication of identical
issues derived from the same action. See also Code of Civil Procedure Article
2164.1.
* * *
§5206. Reconventional demand beyond jurisdiction; filing in court of competent
jurisdiction; transfer of proceedings from small claims division
A. If a defendant in a small claims action shall have has a claim against the
plaintiff in such the action for an amount over the jurisdiction of the small claims
division as set forth in R.S. 13:5202(A), but of a nature which that may be asserted
by a reconventional demand as authorized by Code of Civil Procedure Article 1061
of the Louisiana Code of Civil Procedure, the defendant may assert his the claim in
the manner provided by this Section, in order to secure consolidation for trial of the
small claims action with his the defendant's own claim.
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B. At any time prior to trial in the small claims action, the defendant therein
may commence an action against the plaintiff in a court of competent jurisdiction to
assert a claim of the nature set forth by R.S. 13:5206(A), Subsection A of this
Section and file an affidavit that the reconventional demand is in excess of three five
thousand dollars with the judge of the small claims division in which the plaintiff has
commenced the small claims action.
C. The defendant shall attach to the affidavit a true copy of his petition or the
defendant's reconventional demand so filed and shall pay the clerk of the small
claims division a transmittal fee of ten dollars, in addition to the prescribed court
costs for filing the reconventional demand, furnishing a copy of the affidavit and
pleading to the plaintiff.
D. The judge of the small claims division shall order that the small claims
division action be transferred to the ordinary docket of the court set forth in said the
affidavit, and he shall transmit to such that court, (if it is other than the court of the
small claims division), copies of the citation and any pleadings in the small claims
action, and the. The actions shall then be consolidated for trial in such the other
docket or court.
E. The plaintiff in the small claims action shall not be required to pay to the
clerk of the court to which the action is so transferred any transmittal, appearance,
or filing fee; although, but upon adverse judgment, he the plaintiff may be taxed with
costs as in the case of any other defendant.
Section 3. Code of Civil Procedure Article 1425(F)(5) is hereby repealed in its
entirety.
Section 4. The Louisiana State Law Institute is hereby directed to print the following
Comment to Code of Civil Procedure Article 1425:
Art. 1425. Experts; pretrial disclosures; scope of discovery
* * *
Comments - 2026
A ruling allowing or excluding an expert or an expert's report due to the
expert's lack of qualifications or use of unreliable methodologies is an interlocutory
order that is not appealable in accordance with Article 2083.
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Section 5. The provisions of Code of Civil Procedure Article 561 as amended by
Section 1 of this Act shall have prospective application only and shall apply to motions to
dismiss based on abandonment filed on or after the effective date of this Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Provides for the continuous revision of the Code of Civil Procedure

Sponsors

Rep. Nicholas Muscarello (R) sponsors HB 142 alone.

Committees

HB 142 went before 2 committees: Civil Law and Procedure and Judiciary A.

Civil Law and Procedure
Civil Law and Procedure
Referred to · Feb 13, 2026 · 31 Bills
Judiciary A
Judiciary A
Referred to · Mar 31, 2026

History

HB 142 has taken 22 actions since Feb 13, 2026, the latest on May 15, 2026.

ChamberAction
May 15, 2026
House
Signed by the Governor. Becomes Act No. 127.
May 15, 2026
House
Effective date: See Act.
May 13, 2026
Senate
Signed by the President of the Senate.
May 13, 2026
House
Sent to the Governor for executive approval.
May 12, 2026
House
Enrolled and signed by the Speaker of the House.

Votes

HB 142 went to 3 roll calls across both chambers, the latest on May 11, 2026 at 1000.

ChamberQuestion
Yea
Nay
May 11, 2026
House
House Vote on HB 142 CONCUR IN SENATE AMENDMENTS (#1075)
100
0
May 5, 2026
Senate
Senate Vote on HB 142 FINAL PASSAGE (#594)
36
0
Mar 26, 2026
House
House Vote on HB 142 FINAL PASSAGE (#125)
91
0

Source: legis.la.gov · legiscan.com