1-1 By: Dutton (Senate Sponsor - West) H.B. No. 2112
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 10, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 10, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to rules of civil procedure adopted by the supreme court.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 22.004(b) and (c), Government Code, are
1-11 amended to read as follows:
1-12 (b) The supreme court from time to time may promulgate a
1-13 specific rule or rules of civil procedure, or an amendment or
1-14 amendments to a specific rule or rules, to be effective at the time
1-15 the supreme court deems expedient in the interest of a proper
1-16 administration of justice. The rules and amendments to rules
1-17 remain in effect unless and until disapproved by the legislature.
1-18 The clerk of the supreme court shall file with the secretary of
1-19 state the rules or amendments to rules promulgated by the supreme
1-20 court under this subsection and shall mail a copy of those rules or
1-21 amendments to rules to each registered member of the State Bar of
1-22 Texas not later than the 60th day before the date on which they
1-23 become effective. The secretary of state shall report the rules or
1-24 amendments to rules to the next regular session of the legislature
1-25 by mailing a copy of the rules or amendments to rules to each
1-26 elected member of the legislature on or before December 1
1-27 immediately preceding the session.
1-28 (c) So that the supreme court has full rulemaking power in
1-29 civil actions, a rule adopted by the supreme court repeals all
1-30 conflicting laws and parts of laws governing practice and procedure
1-31 in civil actions, but substantive law is not repealed. At the time
1-32 the supreme court files a rule, the court shall file with the
1-33 secretary of state a list of each article or section of general law
1-34 or each part of an article or section of general law that [in the
1-35 court's judgment] is repealed or modified in any way. The list has
1-36 the same weight and effect as a decision of the court.
1-37 SECTION 2. This Act takes effect immediately if it receives
1-38 a vote of two-thirds of all the members elected to each house, as
1-39 provided by Section 39, Article III, Texas Constitution. If this
1-40 Act does not receive the vote necessary for immediate effect, this
1-41 Act takes effect September 1, 2001.
1-42 * * * * *