By Dunnam                                             H.B. No. 1461
         76R667 DB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to oversight of and public access to the supreme court and
 1-3     the court of criminal appeals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  This Act shall be known as the Judicial
 1-6     Improvements and Access to Justice Act.
 1-7           SECTION 2.  Chapter 22, Government Code, is amended by adding
 1-8     Subchapter E to read as follows:
 1-9                SUBCHAPTER E.  GENERAL RULEMAKING PROVISIONS
1-10           Sec. 22.351.  APPLICATION.  (a)  This subchapter applies only
1-11     to the supreme court and the court of criminal appeals.
1-12           (b)  A court may not issue a rule or an amendment to a rule
1-13     under Section 22.003, 22.004, 22.108, or 22.109 unless the court
1-14     meets the requirements of this subchapter.
1-15           Sec. 22.352.  SUNSET PROVISION.  The rulemaking functions of
1-16     a court are subject to review under Chapter 325 (Texas Sunset Act)
1-17     but are not abolished under that chapter.  The rulemaking functions
1-18     of each court shall be reviewed during the period in which state
1-19     agencies abolished in 2001 and every 12th year after 2001 are
1-20     reviewed.
1-21           Sec. 22.353.  SUBMISSION OF RULES TO LEGISLATURE.  (a)  A
1-22     court shall transmit to the legislature a copy of a proposed rule
1-23     or an amendment to an existing rule not later than the 30th day
1-24     after the date of commencement of each regular legislative session.
 2-1           (b)  A rule or an amendment to a rule transmitted to the
 2-2     legislature under Subsection (a) may not take effect earlier than
 2-3     the 90th day after the date of adjournment of the legislature for
 2-4     the session in which the rule or amendment is transmitted.
 2-5           Sec. 22.354.  EMERGENCY RULEMAKING POWER.  (a)  A court may
 2-6     adopt a rule or an amendment to a rule without following the
 2-7     procedures required by this subchapter if the court finds that the
 2-8     rule or the amendment is necessary for the proper administration of
 2-9     justice.
2-10           (b)  If the court adopts a rule or an amendment to a rule
2-11     under this section, the court shall publish an opinion stating the
2-12     specific reasons that the court is unable to follow the rulemaking
2-13     procedures required by this subchapter.
2-14           (c)  The court shall transmit a copy of a rule or an
2-15     amendment to a rule adopted under this section to the legislature.
2-16           Sec. 22.355.  OPEN MEETINGS; OPEN RECORDS.  (a)  A committee,
2-17     task force, or other group appointed by a court to discuss,
2-18     examine, or recommend a rule or an amendment to a rule covered by
2-19     this subchapter is subject to the open meetings law, Chapter 551,
2-20     and the open records law, Chapter 552.
2-21           (b)  The Office of Court Administration shall employ a public
2-22     access liaison to oversee and administer open records requests made
2-23     under this subchapter.
2-24           Sec. 22.356.  FISCAL NOTE.  (a)  A court shall prepare a
2-25     fiscal note for a rule or an amendment to a rule transmitted to the
2-26     legislature under this subchapter outlining the fiscal implications
2-27     and probable cost of the measure.  The statement must also describe
 3-1     in detail the probable economic effect of the rule or the amendment
 3-2     to a rule on users of the civil and criminal justice systems for
 3-3     each year of the first five years the rule or the amendment to a
 3-4     rule will be in effect.  The statement may include other
 3-5     information at the court's discretion.
 3-6           (b)  At the request of the court, the comptroller shall
 3-7     assist in the preparation of the economic impact statement.
 3-8           Sec. 22.357.  JUDICIAL INPUT.  (a)  Not later than the 15th
 3-9     day after the date a proposed rule or an amendment to an existing
3-10     rule is transmitted to the legislature under this subchapter, the
3-11     Office of Court Administration shall develop and compile an opinion
3-12     poll on the rule or the amendment to a rule of appeals court
3-13     judges, district judges, county judges, statutory county court
3-14     judges, and statutory probate court judges.
3-15           (b)  The Office of Court Administration shall report the
3-16     results of the opinion poll not later than the 75th day after the
3-17     date of commencement of the regular legislative session.
3-18           SECTION 3.  Section 22.003(a), Government Code, is amended to
3-19     read as follows:
3-20           (a)  The supreme court [from time to time] shall promulgate
3-21     suitable rules, forms, and regulations for carrying into effect the
3-22     provisions of this chapter relating to the jurisdiction and
3-23     practice of the supreme court.
3-24           SECTION 4.  Sections 22.004(a), (b), and (c), Government
3-25     Code, are amended to read as follows:
3-26           (a)  The supreme court is granted [has the full] rulemaking
3-27     power in the practice and procedure in civil actions, except that
 4-1     its rules may not abridge, enlarge, or modify the substantive
 4-2     rights of a litigant.
 4-3           (b)  The supreme court [from time to time] may promulgate a
 4-4     specific rule or rules of civil procedure, or an amendment or
 4-5     amendments to a specific rule or rules for all courts not
 4-6     inconsistent with the laws of the state as may be necessary for the
 4-7     efficient and uniform administration of justice in the various
 4-8     courts [, to be effective at the time the supreme court deems
 4-9     expedient in the interest of a proper administration of justice].
4-10     The rules and amendments to rules proposed by the supreme court
4-11     take effect as provided by Subchapter E and remain in effect unless
4-12     and until disapproved by the legislature. The clerk of the supreme
4-13     court shall file with the secretary of state the rules or
4-14     amendments to rules promulgated by the supreme court under this
4-15     subsection and shall mail a copy of those rules or amendments to
4-16     rules to each registered member of the State Bar of Texas not later
4-17     than the 60th day before the date on which they become effective.
4-18           (c)  A [So that the supreme court has full rulemaking power
4-19     in civil actions, a] rule adopted by the supreme court repeals all
4-20     conflicting laws and parts of laws governing practice and procedure
4-21     in civil actions, but substantive law is not repealed.  At the time
4-22     the supreme court files a rule, the court shall file with the
4-23     secretary of state a list of each article or section of general law
4-24     or each part of an article or section of general law that in the
4-25     court's judgment is repealed.  The list has the same weight and
4-26     effect as a decision of the court.
4-27           SECTION 5.  Section 22.108(b), Government Code, is amended to
 5-1     read as follows:
 5-2           (b)  The court of criminal appeals may promulgate a
 5-3     comprehensive body of rules of posttrial, appellate, and review
 5-4     procedure in criminal cases and [from time to time] may promulgate
 5-5     a specific rule or rules of posttrial, appellate, or review
 5-6     procedure in criminal cases or an amendment or amendments to a
 5-7     specific rule or rules.  [Rules and amendments adopted under this
 5-8     subsection are effective at the time the court of criminal appeals
 5-9     considers expedient in the interest of a proper administration of
5-10     justice.]  The rules and amendments to rules proposed by the court
5-11     of criminal appeals take effect as provided by Subchapter E and
5-12     remain in effect unless and until disapproved, modified, or changed
5-13     by the legislature.  The clerk of the court of criminal appeals
5-14     shall file with the secretary of state the rules or amendments to
5-15     rules promulgated by the court of criminal appeals under this
5-16     subsection.
5-17           SECTION 6.  Sections 22.109(a) and (b), Government Code, are
5-18     amended to read as follows:
5-19           (a)  The court of criminal appeals is granted [has the full]
5-20     rulemaking power in the promulgation of rules of evidence in the
5-21     trials of criminal cases, except that its rules may not abridge,
5-22     enlarge, or modify the substantive rights of a litigant.
5-23           (b)  The court of criminal appeals may promulgate a
5-24     comprehensive body of rules of evidence in the trials of criminal
5-25     cases and [from time to time] may promulgate a specific rule or
5-26     rules of evidence or an amendment or amendments to a specific rule
5-27     or rules.  [Rules and amendments adopted under this subsection are
 6-1     effective at the time the court of criminal appeals considers
 6-2     expedient in the interest of a proper administration of justice.]
 6-3     The rules and amendments to rules proposed by the court of criminal
 6-4     appeals take effect as provided by Subchapter E and remain in
 6-5     effect unless and until disapproved by the legislature.  [The
 6-6     secretary of state shall report the rules or amendments to rules to
 6-7     the next regular session of the legislature by mailing a copy of
 6-8     the rules or amendments to rules to each elected member of the
 6-9     legislature on or before December 1 immediately preceding the
6-10     session.]
6-11           SECTION 7.  This Act takes effect September 1, 1999.
6-12           SECTION 8.  The importance of this legislation and the
6-13     crowded condition of the calendars in both houses create an
6-14     emergency and an imperative public necessity that the
6-15     constitutional rule requiring bills to be read on three several
6-16     days in each house be suspended, and this rule is hereby suspended.