By Dunnam, Solomons H.B. No. 1451
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain rules adopted by the supreme court, the court
1-3 of criminal appeals, and the state bar related to practice and
1-4 procedure in courts in this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. This Act shall be known as the Judicial
1-7 Improvements and Access to Justice Act.
1-8 SECTION 2. Subchapter A, Chapter 22, Government Code, is
1-9 amended by adding Section 22.0041 to read as follows:
1-10 Sec. 22.0041. RULES REGARDING PRACTICE OF LAW. Rules of the
1-11 supreme court adopted on or after the effective date of this
1-12 section regarding procedures for the practice of law in this state
1-13 by an attorney licensed in another jurisdiction may not take effect
1-14 until the earlier of:
1-15 (1) the day of final adjournment of the first regular
1-16 session of the legislature convened on or after the date the rules
1-17 are adopted; or
1-18 (2) the day of final adjournment of the first special
1-19 session of the legislature called on or after:
1-20 (A) the effective date of this section; and
1-21 (B) the date the rules are adopted.
1-22 SECTION 3. Chapter 22, Government Code, is amended by adding
1-23 Subchapter E to read as follows:
1-24 SUBCHAPTER E. GENERAL RULEMAKING PROVISIONS
2-1 Sec. 22.351. APPLICATION. (a) This subchapter applies only
2-2 to the supreme court and the court of criminal appeals.
2-3 (b) A court may not issue a rule or an amendment to a rule
2-4 under Section 22.003, 22.004, 22.108, or 22.109 unless the court
2-5 meets the requirements of this subchapter.
2-6 Sec. 22.352. SUBMISSION OF RULES TO LEGISLATURE. (a) A
2-7 court shall transmit to the legislature a copy of a proposed rule
2-8 or an amendment to an existing rule not later than the 30th day
2-9 after the date of commencement of each regular legislative session.
2-10 (b) A rule or an amendment to a rule transmitted to the
2-11 legislature under Subsection (a) may not take effect earlier than
2-12 the 90th day after the date of adjournment of the legislature for
2-13 the session in which the rule or amendment is transmitted.
2-14 Sec. 22.353. INTERIM RULEMAKING POWER. (a) A court may
2-15 adopt a rule or an amendment to a rule without following the
2-16 procedures required by this subchapter if the court finds that the
2-17 rule or the amendment is necessary for the proper administration of
2-18 justice.
2-19 (b) If the court adopts a rule or an amendment to a rule
2-20 under this section, the court shall publish an opinion stating the
2-21 specific reasons that the court is unable to follow the rulemaking
2-22 procedures required by this subchapter.
2-23 (c) The court shall transmit a copy of a rule or an
2-24 amendment to a rule adopted under this section to the legislature.
2-25 Sec. 22.354. OPEN MEETINGS; PUBLIC INFORMATION. A
2-26 committee, task force, or other group appointed by a court to
2-27 discuss, examine, or recommend a rule or an amendment to a rule
3-1 covered by this subchapter is subject to the open meetings law,
3-2 Chapter 551, and the public information law, Chapter 552.
3-3 Sec. 22.355. FISCAL NOTE. (a) A court shall prepare a
3-4 fiscal note for a rule or an amendment to a rule transmitted to the
3-5 legislature under this subchapter outlining the fiscal implications
3-6 and probable cost of the measure. The statement must also describe
3-7 in detail the probable economic effect of the rule or the amendment
3-8 to a rule on users of the civil and criminal justice systems for
3-9 each year of the first five years the rule or the amendment to a
3-10 rule will be in effect. The statement may include other
3-11 information at the court's discretion.
3-12 (b) At the request of the court, the comptroller shall
3-13 assist in the preparation of the economic impact statement.
3-14 Sec. 22.356. JUDICIAL INPUT. (a) Not later than the 15th
3-15 day after the date a proposed rule or an amendment to an existing
3-16 rule is transmitted to the legislature under this subchapter, the
3-17 Office of Court Administration shall develop and compile an opinion
3-18 poll on the rule or the amendment to a rule of appeals court
3-19 judges, district judges, county judges, statutory county court
3-20 judges, and statutory probate court judges.
3-21 (b) The Office of Court Administration shall report the
3-22 results of the opinion poll not later than the 75th day after the
3-23 date of commencement of the regular legislative session.
3-24 SECTION 4. Section 22.003(a), Government Code, is amended to
3-25 read as follows:
3-26 (a) The supreme court [from time to time] shall promulgate
3-27 suitable rules, forms, and regulations for carrying into effect the
4-1 provisions of this chapter relating to the jurisdiction and
4-2 practice of the supreme court.
4-3 SECTION 5. Sections 22.004(a), (b), and (c), Government
4-4 Code, are amended to read as follows:
4-5 (a) The supreme court is granted [has the full] rulemaking
4-6 power in the practice and procedure in civil actions, except that
4-7 its rules may not abridge, enlarge, or modify the substantive
4-8 rights of a litigant.
4-9 (b) The supreme court [from time to time] may promulgate a
4-10 specific rule or rules of civil procedure, or an amendment or
4-11 amendments to a specific rule or rules for all courts not
4-12 inconsistent with the laws of the state as may be necessary for the
4-13 efficient and uniform administration of justice in the various
4-14 courts [, to be effective at the time the supreme court deems
4-15 expedient in the interest of a proper administration of justice].
4-16 The rules and amendments to rules proposed by the supreme court
4-17 take effect as provided by Subchapter E and remain in effect unless
4-18 and until disapproved by the legislature. The clerk of the supreme
4-19 court shall file with the secretary of state the rules or
4-20 amendments to rules promulgated by the supreme court under this
4-21 subsection and shall mail a copy of those rules or amendments to
4-22 rules to each registered member of the State Bar of Texas not later
4-23 than the 60th day before the date on which they become effective.
4-24 (c) A [So that the supreme court has full rulemaking power
4-25 in civil actions, a] rule adopted by the supreme court repeals all
4-26 conflicting laws and parts of laws governing practice and procedure
4-27 in civil actions, but substantive law is not repealed. At the time
5-1 the supreme court files a rule, the court shall file with the
5-2 secretary of state a list of each article or section of general law
5-3 or each part of an article or section of general law that in the
5-4 court's judgment is repealed. The list has the same weight and
5-5 effect as a decision of the court.
5-6 SECTION 6. Section 22.108(b), Government Code, is amended to
5-7 read as follows:
5-8 (b) The court of criminal appeals may promulgate a
5-9 comprehensive body of rules of posttrial, appellate, and review
5-10 procedure in criminal cases and [from time to time] may promulgate
5-11 a specific rule or rules of posttrial, appellate, or review
5-12 procedure in criminal cases or an amendment or amendments to a
5-13 specific rule or rules. [Rules and amendments adopted under this
5-14 subsection are effective at the time the court of criminal appeals
5-15 considers expedient in the interest of a proper administration of
5-16 justice.] The rules and amendments to rules proposed by the court
5-17 of criminal appeals take effect as provided by Subchapter E and
5-18 remain in effect unless and until disapproved, modified, or changed
5-19 by the legislature. The clerk of the court of criminal appeals
5-20 shall file with the secretary of state the rules or amendments to
5-21 rules promulgated by the court of criminal appeals under this
5-22 subsection.
5-23 SECTION 7. Sections 22.109(a) and (b), Government Code, are
5-24 amended to read as follows:
5-25 (a) The court of criminal appeals is granted [has the full]
5-26 rulemaking power in the promulgation of rules of evidence in the
5-27 trials of criminal cases, except that its rules may not abridge,
6-1 enlarge, or modify the substantive rights of a litigant.
6-2 (b) The court of criminal appeals may promulgate a
6-3 comprehensive body of rules of evidence in the trials of criminal
6-4 cases and [from time to time] may promulgate a specific rule or
6-5 rules of evidence or an amendment or amendments to a specific rule
6-6 or rules. [Rules and amendments adopted under this subsection are
6-7 effective at the time the court of criminal appeals considers
6-8 expedient in the interest of a proper administration of justice.]
6-9 The rules and amendments to rules proposed by the court of criminal
6-10 appeals take effect as provided by Subchapter E and remain in
6-11 effect unless and until disapproved by the legislature. [The
6-12 secretary of state shall report the rules or amendments to rules to
6-13 the next regular session of the legislature by mailing a copy of
6-14 the rules or amendments to rules to each elected member of the
6-15 legislature on or before December 1 immediately preceding the
6-16 session.]
6-17 SECTION 8. Subchapter B, Chapter 81, Government Code, is
6-18 amended by adding Section 81.0241 to read as follows:
6-19 Sec. 81.0241. RULES REGARDING PRACTICE OF LAW. Rules of the
6-20 state bar adopted on or after the effective date of this section
6-21 regarding procedures for the practice of law in this state by an
6-22 attorney licensed in another jurisdiction may take effect only as
6-23 provided by Section 22.0041 for similar rules adopted by the
6-24 supreme court.
6-25 SECTION 9. This Act takes effect September 1, 2001.