SRC-DPW H.B. 3604 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3604
76R9218 AJA-DBy: Uresti (Madla)
Jurisprudence
5/13/1999
Engrossed


DIGEST 

Currently, Texas law makes certain sanctions available to the court in the
Texas Rules of Civil Procedure and the Civil Practice and Remedies Code.
However, confusion may occur in instances in which these codes are in
conflict with respect to time periods available to cure a defect in a
pleading. H.B. 3604 resolves any such conflicts which may arise between
Rule 13 (Effect of Signing of Pleadings, Motions and Other Papers;
Sanctions) of the Texas Rules of Civil Procedure and Sections 9.012
(Violation; Sanction) and10.004 (Violation; Rules of Civil Procedure) of
the Civil Practice and Remedies Code.  

PURPOSE

As proposed, H.B. 3604 relates to the imposition of sanctions by a court on
a person who signs a pleading or motion. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 9.012, Civil Practice and Remedies Code, by
adding Subsection (h), to provide that this section does not apply to any
proceeding to which Section 10.004 or Rule 13, Texas Rules of Civil
Procedure, applies. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.