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1-31     in civil actions, but substantive law is not repealed.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1-35     court's judgment] is repealed or modified in any way.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.
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