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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of rules of civil procedure by the supreme |
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court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 22.004(b) and (c), Government Code, are |
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amended to read as follows: |
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(b) The supreme court [from time to time] may promulgate a |
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specific rule or rules of civil procedure, or an amendment or |
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amendments to a specific rule or rules, only during the first 95 |
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days of a regular session of the legislature. The rule or rules |
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become effective once approved by a joint resolution of the |
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legislature adopted during the regular session. [to be effective at
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the time the supreme court deems expedient in the interest of a
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proper administration of justice]. The rules and amendments to |
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rules remain in effect unless and until disapproved by the |
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legislature by law. The clerk of the supreme court shall file with |
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the secretary of state the rules or amendments to rules promulgated |
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by the supreme court under this subsection and shall mail a copy of |
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those rules or amendments to rules to each registered member of the |
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State Bar of Texas not later than the 60th day before the date on |
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which they become effective. |
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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 and effective as |
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provided by Subsection (b) repeals all conflicting laws and parts |
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of laws governing practice and procedure in civil actions, but |
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substantive law is not repealed. At the time a rule adopted by the |
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supreme court becomes effective as provided by Subsection (b) |
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[files a rule], the court shall file with the secretary of state a |
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list of each article or section of general law or each part of an |
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article or section of general law that in the court's judgment is |
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repealed. The list has the same weight and effect as a decision of |
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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, 2009. |