BILL ANALYSIS
S.B. 23
By: Wentworth
Economic Development
01-31-95
Committee Report (Unamended)
BACKGROUND
Currently, the state court system of Texas is experiencing a
backlog of civil suits, as a result of either long, drawn-out cases
or frivolous suits. The Supreme Court of Texas has never been
ordered to adopt new rules which would expedite civil suits and rid
the docket of frivolous cases.
PURPOSE
As proposed, S.B. 23 requires the supreme court to adopt certain
rules to improve the efficiency of civil procedure.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the supreme court under SECTION 1 (Sections 22.0045 (a) and (b),
Chapter 22A, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends, Chapter 22A, Government Code, by adding Section
22.0045, as follows:
Sec. 22.0045. RULES TO EXPEDITE LITIGATION. (a) Directs the
supreme court to draft rules to streamline and expedite civil
litigation, including rules that encourage alternate dispute
resolution procedures and require sanctions against frivolous
lawsuits and defenses and abuses of the discovery process.
(b) Requires the supreme court to adopt rules under this
section by December 31, 1996.
(c) Provides that this section expires January 1, 1997.
SECTION 2. Emergency clause.
Effective date: upon passage.