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2-1 in civil actions, but substantive law is not repealed.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2-5 court's judgment] is repealed or modified in any way.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.