By Dunnam                                             H.B. No. 2562
         77R2683 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption of rules of civil procedure by the supreme
 1-3     court.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 22.004(b) and (c), Government Code, are
 1-6     amended to read as follows:
 1-7           (b)  The supreme court [from time to time] may promulgate a
 1-8     specific rule or rules of civil procedure, or an amendment or
 1-9     amendments to a specific rule or rules, only during the first 95
1-10     days of a regular session of the legislature.  The rule or rules
1-11     become effective, unless disapproved by a joint resolution of the
1-12     legislature adopted during the regular session, on September 1
1-13     following the regular session [to be effective at the time the
1-14     supreme court deems expedient in the interest of a proper
1-15     administration of justice].  The rules and amendments to rules
1-16     remain in effect unless and until disapproved by the legislature by
1-17     law. The clerk of the supreme court shall file with the secretary
1-18     of state the rules or amendments to rules promulgated by the
1-19     supreme court under this subsection and shall mail a copy of those
1-20     rules or amendments to rules to each registered member of the State
1-21     Bar of Texas not later than the 60th day before the date on which
1-22     they become effective.
1-23           (c)  So that the supreme court has full rulemaking power in
1-24     civil actions, a rule adopted by the supreme court and effective as
 2-1     provided by Subsection (b) repeals all conflicting laws and parts
 2-2     of laws governing practice and procedure in civil actions, but
 2-3     substantive law is not repealed.  At the time a rule adopted by the
 2-4     supreme court becomes effective as provided by Subsection (b)
 2-5     [files a rule], the court shall file with the secretary of state a
 2-6     list of each article or section of general law or each part of an
 2-7     article or section of general law that in the court's judgment is
 2-8     repealed.  The list has the same weight and effect as a decision of
 2-9     the court.
2-10           SECTION 2. This Act takes effect September 1, 2001.