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A BILL TO BE ENTITLED
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AN ACT
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relating to statutory revision and construction of revised |
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statutes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 22.001, Government Code, |
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is amended to read as follows: |
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(a) The supreme court has appellate jurisdiction, except in |
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criminal law matters, coextensive with the limits of the state and |
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extending to all questions of law arising in the following cases |
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when they have been brought to the courts of appeals from appealable |
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judgment of the trial courts: |
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(1) a case in which the justices of a court of appeals |
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disagree on a question of law material to the decision; |
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(2) a case in which one of the courts of appeals holds |
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differently from a prior decision of another court of appeals or of |
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the supreme court on a question of law material to a decision of the |
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case; |
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(3) a case involving the construction or validity of a |
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statute necessary to a determination of the case, subject to |
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Section 22.0011; |
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(4) a case involving state revenue; |
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(5) a case in which the railroad commission is a party; |
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and |
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(6) any other case in which it appears that an error of |
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law has been committed by the court of appeals, and that error is of |
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such importance to the jurisprudence of the state that, in the |
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opinion of the supreme court, it requires correction, but excluding |
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those cases in which the jurisdiction of the court of appeals is |
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made final by statute. |
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SECTION 2. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.0011 to read as follows: |
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Sec. 22.0011. JURISDICTION REGARDING NONSUBSTANTIVE |
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STATUTORY REVISIONS. (a) This section applies to the exercise by |
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the supreme court of its jurisdiction under Section 22.001(a)(3) in |
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cases involving the construction and validity of a codified or |
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revised statute that: |
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(1) was enacted by the legislature under the authority |
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provided by Section 43, Article III, Texas Constitution, in an |
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enactment having the purpose, declared by the legislature in the |
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enactment, of codifying or revising, without substantive change, |
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statutes that individually relate to different subjects; and |
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(2) was drafted by the Texas Legislative Council under |
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the continuing statutory revision program provided for by Section |
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323.007. |
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(b) The codification or revision of a statute to which this |
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section applies does not affect the meaning or effect of the |
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statute. The supreme court, in interpreting and applying a |
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codified or revised statute to which this section applies, shall |
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give the statute the same effect and meaning that was or would have |
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been given the statute before its codification or revision, |
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notwithstanding the repeal of the prior statute and regardless of |
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any omission or change that the supreme court would otherwise find |
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to be direct, unambiguous, and irreconcilable with prior law. Any |
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such omission or change for which the court finds no direct evidence |
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of legislative intent to change the sense, meaning, or effect of the |
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statute shall be considered unintended and shall be given no |
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effect. |
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SECTION 3. Subchapter C, Chapter 311, Government Code, is |
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amended by adding Section 311.033 to read as follows: |
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Sec. 311.033. INTERPRETATION AND APPLICATION OF |
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NONSUBSTANTIVE STATUTORY REVISIONS. (a) This section applies to |
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the interpretation or application by a court, executive branch |
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agency, or other entity of a codified or revised statute that: |
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(1) was enacted by the legislature under the authority |
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provided by Section 43, Article III, Texas Constitution, in an |
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enactment having the purpose, declared by the legislature in the |
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enactment, of codifying or revising, without substantive change, |
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statutes that individually relate to different subjects; and |
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(2) was drafted by the Texas Legislative Council under |
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the continuing statutory revision program provided for by Section |
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323.007. |
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(b) The codification or revision of a statute to which this |
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section applies does not affect the meaning or effect of the |
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statute. A court, executive branch agency, or other entity, in |
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interpreting and applying a codified or revised statute to which |
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this section applies, shall give the statute the same effect and |
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meaning that was or would have been given the statute before its |
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codification or revision, notwithstanding the repeal of the prior |
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statute and regardless of any omission or change that the court, |
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executive branch agency, or other entity would otherwise find to be |
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direct, unambiguous, and irreconcilable with prior law. Any such |
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omission or change for which the court, executive branch agency, or |
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other entity finds no direct evidence of legislative intent to |
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change the sense, meaning, or effect of the statute shall be |
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considered unintended and shall be given no effect. |
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SECTION 4. 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. |