By Dutton                                             H.B. No. 2112
         77R2682 SGA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to rules of civil procedure adopted by the supreme court.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Sections 22.004(b) and (c), Government Code, are
 1-5     amended to read as follows:
 1-6           (b)  The supreme court from time to time may promulgate a
 1-7     specific rule or rules of civil procedure, or an amendment or
 1-8     amendments to a specific rule or rules, to be effective at the time
 1-9     the supreme court deems expedient in the interest of a proper
1-10     administration of justice.  The rules and amendments to rules
1-11     remain in effect unless and until disapproved by the legislature.
1-12     The clerk of the supreme court shall file with the secretary of
1-13     state the rules or amendments to rules promulgated by the supreme
1-14     court under this subsection and shall mail a copy of those rules or
1-15     amendments to rules to each registered member of the State Bar of
1-16     Texas not later than the 60th day before the date on which they
1-17     become effective.  The secretary of state shall report the rules or
1-18     amendments to rules to the next regular session of the legislature
1-19     by mailing a copy of the rules or amendments to rules to each
1-20     elected member of the legislature on or before December 1
1-21     immediately preceding the session.
1-22           (c)  So that the supreme court has full rulemaking power in
1-23     civil actions, a rule adopted by the supreme court repeals all
1-24     conflicting laws and parts of laws governing practice and procedure
 2-1     in civil actions, but substantive law is not repealed.  At the time
 2-2     the supreme court files a rule, the court shall file with the
 2-3     secretary of state a list of each article or section of general law
 2-4     or each part of an article or section of general law that [in the
 2-5     court's judgment] is repealed or modified in any way.  The list has
 2-6     the same weight and effect as a decision of the court.
 2-7           SECTION 2.  This Act takes effect immediately if it receives
 2-8     a vote of two-thirds of all the members elected to each house, as
 2-9     provided by Section 39, Article III, Texas Constitution.  If this
2-10     Act does not receive the vote necessary for immediate effect, this
2-11     Act takes effect September 1, 2001.