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.