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A BILL TO BE ENTITLED
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AN ACT
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relating to the rulemaking authority of the Supreme Court of Texas |
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and the Texas Court of Criminal Appeals to extend the statute of |
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limitations and certain other legal deadlines in a county in which a |
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disaster has occurred. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.0041 to read as follows: |
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Sec. 22.0041. EXTENSION OF DEADLINES FOLLOWING DISASTER. |
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Notwithstanding any other provision, the supreme court has the full |
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rulemaking power to extend a statute of limitation or other civil |
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deadline in a civil case in which venue is in a county all or part of |
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which is located in an area designated by an executive order or |
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proclamation issued by the governor under Chapter 418 declaring a |
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state of disaster by not more than 30 days after the date the |
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original statute of limitation expires or the date of the civil |
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deadline. |
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SECTION 2. Subchapter B, Chapter 22, Government Code, is |
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amended by adding Section 22.1091 to read as follows: |
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Sec. 22.1091. EXTENSION OF DEADLINES FOLLOWING DISASTER. |
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Notwithstanding any other provision, the court of criminal appeals |
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has the full rulemaking power to extend a statute of limitation or |
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other criminal filing deadline in a criminal matter in a county all |
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or part of which is located in an area designated by an executive |
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order or proclamation issued by the governor under Chapter 418 |
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declaring a state of disaster by not more than 30 days after the |
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date the original statute of limitation expires or the date of the |
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criminal filing deadline. |
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SECTION 3. The change in law made by this Act by adding |
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Section 22.0041, Government Code, does not apply to a statute of |
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limitation or civil deadline that has passed before the effective |
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date of this Act, and the Supreme Court of Texas may not extend that |
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statute of limitation or civil deadline. |
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SECTION 4. The change in law made by this Act by adding |
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Section 22.1091, Government Code, does not apply to a criminal |
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filing deadline that has passed before the effective date of this |
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Act, and the Texas Court of Criminal Appeals may not extend that |
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criminal filing deadline. |
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SECTION 5. The change in law made by this Act does not apply |
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to an offense if the prosecution of that offense becomes barred by |
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the limitation before the effective date of this Act. The |
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prosecution of that offense remains barred and the Texas Court of |
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Criminal Appeals may not extend the limitation for that offense. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |