By: Duncan  S.B. No. 2038
         (In the Senate - Filed March 12, 2009; March 31, 2009, read
  first time and referred to Committee on State Affairs;
  April 16, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; April 16, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2038 By:  Duncan
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the construction of nonsubstantive codifications and
  revisions of 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)  subject to Section 22.0011, a case involving the
  construction or validity of a statute necessary to a determination
  of the case;
               (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
  REVISIONS. (a)  This section applies to the exercise of the
  supreme court's jurisdiction under Section 22.001(a)(3) if:
               (1)  the statute at issue in the case was enacted by the
  legislature under the direction of Article III, Section 43, 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)  the statute was prepared for the legislature's
  consideration by the Texas Legislative Council under the authority
  granted to the council 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.
         (c)  In interpreting and applying a codified or revised
  statute to which this section applies, the supreme court 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 in the codified or revised statute that the
  supreme court would otherwise find to be direct, unambiguous, and
  irreconcilable with the prior version of the statute. Any omission
  or change in the codified or revised statute for which the court
  finds no direct express evidence of legislative intent to change
  the sense, meaning, or effect of the statute shall be considered to
  be 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 REVISIONS. (a)  This section applies to the
  interpretation or application by a court, executive branch agency,
  or other entity of a statute enacted by the legislature of this
  state if:
               (1)  the statute at issue in the case was enacted by the
  legislature under the direction of Article III, Section 43, 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)  the statute was prepared for the legislature's
  consideration by the Texas Legislative Council under the authority
  granted to the council 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.
         (c)  In interpreting and applying a codified or revised
  statute to which this section applies, the court, executive branch,
  or other entity 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 in the codified or
  revised statute that the court, executive branch, or other entity
  would otherwise find to be direct, unambiguous, and irreconcilable
  with the prior version of the statute. Any omission or change in
  the codified or revised statute for which the court, executive
  branch, or other entity finds no direct express evidence of
  legislative intent to change the sense, meaning, or effect of the
  statute shall be considered to be 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.
 
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