By Sadler H.B. No. 3151
76R8131 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to adoption of rules of civil procedure by the supreme
1-3 court.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.004(b), Government Code, is amended to
1-6 read as follows:
1-7 (b) The supreme court from time to time may promulgate a
1-8 specific rule or rules of civil procedure, or an amendment or
1-9 amendments to a specific rule or rules. A rule or amendment shall
1-10 take effect [, to be effective] at the time the supreme court deems
1-11 expedient in the interest of a proper administration of justice,
1-12 except that a rule or amendment may not take effect earlier than
1-13 July 1 of the odd-numbered year that follows adoption of the rule
1-14 or amendment. The rules and amendments to rules remain in effect
1-15 unless and until disapproved by the legislature. The clerk of the
1-16 supreme court shall file with the secretary of state the rules or
1-17 amendments to rules promulgated by the supreme court under this
1-18 subsection and shall mail a copy of those rules or amendments to
1-19 rules to each registered member of the State Bar of Texas, and to
1-20 the chair of the legislative committee of each house that has
1-21 jurisdiction over the subject matter, not later than the 60th day
1-22 before the date on which they become effective.
1-23 SECTION 2. The rules of civil procedure, and the repeals of
1-24 and amendments to existing rules of civil procedure, promulgated by
2-1 the supreme court on August 4, 1998, to be effective January 1,
2-2 1999, are disapproved. The rules of civil procedure as they
2-3 existed before January 1, 1999, are continued in effect until
2-4 amended by order of the supreme court adopted on or after the
2-5 effective date of this Act in accordance with Section 22.004(b),
2-6 Government Code, as amended by this Act. A rule or amendment
2-7 adopted after the effective date of this Act may not take effect
2-8 earlier than July 1, 2001.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.