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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Supreme Court's rulemaking power over |
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practice and procedure in civil actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.004, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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read as follows: |
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(c) So that the supreme court has full rulemaking power in |
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civil actions, [a rule adopted by the supreme court repeals] all |
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[conflicting] laws and parts of laws governing practice and |
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procedure in civil actions enacted before May 15, 1939, are |
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repealed, subject to Subsection (c-1)[, but substantive law is not |
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repealed]. This subsection does not repeal a substantive law. |
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(c-1) No laws or parts of laws described by Subsection (c) |
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are superseded until the supreme court adopts a rule that governs |
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the subject matter of the law or part of a law. |
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(c-2) At the time the supreme court files a rule, the court |
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shall file with the secretary of state a list of each article or |
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section of general law or each part of an article or section of |
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general law that has been superseded under Subsection (c-1) [is |
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repealed or modified in any way]. The list has the same weight and |
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effect as a decision of the court. |
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SECTION 2. 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, 2025. |