S.B. No. 2038

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 2038 passed the Senate on
	April 30, 2009, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 2038 passed the House on
	May 14, 2009, by the following vote:  Yeas 147, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor