Texas House Bill HB2702

Texas 2009 - 81st Regular

Caption

Relating to the adoption of rules of civil procedure by the supreme court.

Impact

The enactment of HB2702 is designed to streamline the process for the Supreme Court to enact civil procedure rules, aligning the court's abilities with the legislative framework. This means that while the Court would retain significant authority in the procedural domain, its actions would be subject to checks by the legislature. Such a framework aims to enhance the balance of power between the judiciary and legislative branches, ensuring that procedural reforms receive broader consensus.

Summary

House Bill 2702 addresses the adoption of rules of civil procedure by the Texas Supreme Court. It proposes amendments to the Government Code, particularly focusing on the specific timelines and processes for enacting new rules or amendments. Under this bill, the Supreme Court would have the authority to promulgate rules during the first 95 days of a regular legislative session, with these rules requiring approval through a joint resolution from the legislature for them to take effect. This setup is intended to create a more structured approach to rulemaking in civil procedures, ensuring that changes are made with legislative oversight.

Contention

There are various implications surrounding this bill that could become points of contention. Proponents argue that the mixed role of both the Supreme Court and the legislature in the rulemaking process will preserve judicial independence while also ensuring democratic accountability. On the contrary, some may view this as a potential hindrance to the Supreme Court's ability to respond swiftly to emerging legal needs, given the necessary legislative approvals could delay important rule changes. Additionally, there may be concerns regarding the practical impacts on access to justice if procedural reforms are not implemented in a timely manner.