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  2009S0607-2 03/10/09
 
  By: Duncan S.B. No. 2038
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to statutory revision and construction of revised
  statutes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 22.001, Government Code,
  is amended to read as follows:
         (a)  The supreme court has appellate jurisdiction, except in
  criminal law matters, coextensive with the limits of the state and
  extending to all questions of law arising in the following cases
  when they have been brought to the courts of appeals from appealable
  judgment of the trial courts:
               (1)  a case in which the justices of a court of appeals
  disagree on a question of law material to the decision;
               (2)  a case in which one of the courts of appeals holds
  differently from a prior decision of another court of appeals or of
  the supreme court on a question of law material to a decision of the
  case;
               (3)  a case involving the construction or validity of a
  statute necessary to a determination of the case, subject to
  Section 22.0011;
               (4)  a case involving state revenue;
               (5)  a case in which the railroad commission is a party;
  and
               (6)  any other case in which it appears that an error of
  law has been committed by the court of appeals, and that error is of
  such importance to the jurisprudence of the state that, in the
  opinion of the supreme court, it requires correction, but excluding
  those cases in which the jurisdiction of the court of appeals is
  made final by statute.
         SECTION 2.  Subchapter A, Chapter 22, Government Code, is
  amended by adding Section 22.0011 to read as follows:
         Sec. 22.0011.  JURISDICTION REGARDING NONSUBSTANTIVE
  STATUTORY REVISIONS.  (a)  This section applies to the exercise by
  the supreme court of its jurisdiction under Section 22.001(a)(3) in
  cases involving the construction and validity of a codified or
  revised statute that:
               (1)  was enacted by the legislature under the authority
  provided by Section 43, Article III, Texas Constitution, in an
  enactment having the purpose, declared by the legislature in the
  enactment, of codifying or revising, without substantive change,
  statutes that individually relate to different subjects; and
               (2)  was drafted by the Texas Legislative Council under
  the continuing statutory revision program provided for by Section
  323.007.
         (b)  The codification or revision of a statute to which this
  section applies does not affect the meaning or effect of the
  statute.  The supreme court, in interpreting and applying a
  codified or revised statute to which this section applies, shall
  give the statute the same effect and meaning that was or would have
  been given the statute before its codification or revision,
  notwithstanding the repeal of the prior statute and regardless of
  any omission or change that the supreme court would otherwise find
  to be direct, unambiguous, and irreconcilable with prior law. Any
  such omission or change for which the court finds no direct evidence
  of legislative intent to change the sense, meaning, or effect of the
  statute shall be considered unintended and shall be given no
  effect.
         SECTION 3.  Subchapter C, Chapter 311, Government Code, is
  amended by adding Section 311.033 to read as follows:
         Sec. 311.033.  INTERPRETATION AND APPLICATION OF
  NONSUBSTANTIVE STATUTORY REVISIONS. (a)  This section applies to
  the interpretation or application by a court, executive branch
  agency, or other entity of a codified or revised statute that:
               (1)  was enacted by the legislature under the authority
  provided by Section 43, Article III, Texas Constitution, in an
  enactment having the purpose, declared by the legislature in the
  enactment, of codifying or revising, without substantive change,
  statutes that individually relate to different subjects; and
               (2)  was drafted by the Texas Legislative Council under
  the continuing statutory revision program provided for by Section
  323.007.
         (b)  The codification or revision of a statute to which this
  section applies does not affect the meaning or effect of the
  statute.  A court, executive branch agency, or other entity, in
  interpreting and applying a codified or revised statute to which
  this section applies, shall give the statute the same effect and
  meaning that was or would have been given the statute before its
  codification or revision, notwithstanding the repeal of the prior
  statute and regardless of any omission or change that the court,
  executive branch agency, or other entity would otherwise find to be
  direct, unambiguous, and irreconcilable with prior law. Any such
  omission or change for which the court, executive branch agency, or
  other entity finds no direct evidence of legislative intent to
  change the sense, meaning, or effect of the statute shall be
  considered unintended and shall be given no effect.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.