By Dunnam H.B. No. 1451
77R5416 YDB-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. SUBMISSION OF RULES TO LEGISLATURE. (a) A
1-16 court shall transmit to the legislature a copy of a proposed rule
1-17 or an amendment to an existing rule not later than the 30th day
1-18 after the date of commencement of each regular legislative session.
1-19 (b) A rule or an amendment to a rule transmitted to the
1-20 legislature under Subsection (a) may not take effect earlier than
1-21 the 90th day after the date of adjournment of the legislature for
1-22 the session in which the rule or amendment is transmitted.
1-23 Sec. 22.353. INTERIM RULEMAKING POWER. (a) A court may
1-24 adopt a rule or an amendment to a rule without following the
2-1 procedures required by this subchapter if the court finds that the
2-2 rule or the amendment is necessary for the proper administration of
2-3 justice.
2-4 (b) If the court adopts a rule or an amendment to a rule
2-5 under this section, the court shall publish an opinion stating the
2-6 specific reasons that the court is unable to follow the rulemaking
2-7 procedures required by this subchapter.
2-8 (c) The court shall transmit a copy of a rule or an
2-9 amendment to a rule adopted under this section to the legislature.
2-10 Sec. 22.354. OPEN MEETINGS; PUBLIC INFORMATION. A
2-11 committee, task force, or other group appointed by a court to
2-12 discuss, examine, or recommend a rule or an amendment to a rule
2-13 covered by this subchapter is subject to the open meetings law,
2-14 Chapter 551, and the public information law, Chapter 552.
2-15 Sec. 22.355. FISCAL NOTE. (a) A court shall prepare a
2-16 fiscal note for a rule or an amendment to a rule transmitted to the
2-17 legislature under this subchapter outlining the fiscal implications
2-18 and probable cost of the measure. The statement must also describe
2-19 in detail the probable economic effect of the rule or the amendment
2-20 to a rule on users of the civil and criminal justice systems for
2-21 each year of the first five years the rule or the amendment to a
2-22 rule will be in effect. The statement may include other
2-23 information at the court's discretion.
2-24 (b) At the request of the court, the comptroller shall
2-25 assist in the preparation of the economic impact statement.
2-26 Sec. 22.356. JUDICIAL INPUT. (a) Not later than the 15th
2-27 day after the date a proposed rule or an amendment to an existing
3-1 rule is transmitted to the legislature under this subchapter, the
3-2 Office of Court Administration shall develop and compile an opinion
3-3 poll on the rule or the amendment to a rule of appeals court
3-4 judges, district judges, county judges, statutory county court
3-5 judges, and statutory probate court judges.
3-6 (b) The Office of Court Administration shall report the
3-7 results of the opinion poll not later than the 75th day after the
3-8 date of commencement of the regular legislative session.
3-9 SECTION 3. Section 22.003(a), Government Code, is amended to
3-10 read as follows:
3-11 (a) The supreme court [from time to time] shall promulgate
3-12 suitable rules, forms, and regulations for carrying into effect the
3-13 provisions of this chapter relating to the jurisdiction and
3-14 practice of the supreme court.
3-15 SECTION 4. Sections 22.004(a), (b), and (c), Government
3-16 Code, are amended to read as follows:
3-17 (a) The supreme court is granted [has the full] rulemaking
3-18 power in the practice and procedure in civil actions, except that
3-19 its rules may not abridge, enlarge, or modify the substantive
3-20 rights of a litigant.
3-21 (b) The supreme court [from time to time] may promulgate a
3-22 specific rule or rules of civil procedure, or an amendment or
3-23 amendments to a specific rule or rules for all courts not
3-24 inconsistent with the laws of the state as may be necessary for the
3-25 efficient and uniform administration of justice in the various
3-26 courts [, to be effective at the time the supreme court deems
3-27 expedient in the interest of a proper administration of justice].
4-1 The rules and amendments to rules proposed by the supreme court
4-2 take effect as provided by Subchapter E and remain in effect unless
4-3 and until disapproved by the legislature. The clerk of the supreme
4-4 court shall file with the secretary of state the rules or
4-5 amendments to rules promulgated by the supreme court under this
4-6 subsection and shall mail a copy of those rules or amendments to
4-7 rules to each registered member of the State Bar of Texas not later
4-8 than the 60th day before the date on which they become effective.
4-9 (c) A [So that the supreme court has full rulemaking power
4-10 in civil actions, a] rule adopted by the supreme court repeals all
4-11 conflicting laws and parts of laws governing practice and procedure
4-12 in civil actions, but substantive law is not repealed. At the time
4-13 the supreme court files a rule, the court shall file with the
4-14 secretary of state a list of each article or section of general law
4-15 or each part of an article or section of general law that in the
4-16 court's judgment is repealed. The list has the same weight and
4-17 effect as a decision of the court.
4-18 SECTION 5. Section 22.108(b), Government Code, is amended to
4-19 read as follows:
4-20 (b) The court of criminal appeals may promulgate a
4-21 comprehensive body of rules of posttrial, appellate, and review
4-22 procedure in criminal cases and [from time to time] may promulgate
4-23 a specific rule or rules of posttrial, appellate, or review
4-24 procedure in criminal cases or an amendment or amendments to a
4-25 specific rule or rules. [Rules and amendments adopted under this
4-26 subsection are effective at the time the court of criminal appeals
4-27 considers expedient in the interest of a proper administration of
5-1 justice.] The rules and amendments to rules proposed by the court
5-2 of criminal appeals take effect as provided by Subchapter E and
5-3 remain in effect unless and until disapproved, modified, or changed
5-4 by the legislature. The clerk of the court of criminal appeals
5-5 shall file with the secretary of state the rules or amendments to
5-6 rules promulgated by the court of criminal appeals under this
5-7 subsection.
5-8 SECTION 6. Sections 22.109(a) and (b), Government Code, are
5-9 amended to read as follows:
5-10 (a) The court of criminal appeals is granted [has the full]
5-11 rulemaking power in the promulgation of rules of evidence in the
5-12 trials of criminal cases, except that its rules may not abridge,
5-13 enlarge, or modify the substantive rights of a litigant.
5-14 (b) The court of criminal appeals may promulgate a
5-15 comprehensive body of rules of evidence in the trials of criminal
5-16 cases and [from time to time] may promulgate a specific rule or
5-17 rules of evidence or an amendment or amendments to a specific rule
5-18 or rules. [Rules and amendments adopted under this subsection are
5-19 effective at the time the court of criminal appeals considers
5-20 expedient in the interest of a proper administration of justice.]
5-21 The rules and amendments to rules proposed by the court of criminal
5-22 appeals take effect as provided by Subchapter E and remain in
5-23 effect unless and until disapproved by the legislature. [The
5-24 secretary of state shall report the rules or amendments to rules to
5-25 the next regular session of the legislature by mailing a copy of
5-26 the rules or amendments to rules to each elected member of the
5-27 legislature on or before December 1 immediately preceding the
6-1 session.]
6-2 SECTION 7. This Act takes effect September 1, 2001.