Relating to the rulemaking power of the Texas Supreme Court.
Impact
The passage of SB1719 would significantly alter how civil procedure is governed in Texas by placing more authority with the Supreme Court. Specifically, it would enable the court to invalidate prior statutes and parts of statutes that conflict with newly adopted rules, thereby centralizing legal authority and streamlining civil procedures. This could lead to a consistent application of civil laws across Texas, which may improve overall legal outcomes and foster uniformity, but might also raise concerns about the implications for legislative intent and oversight.
Summary
SB1719 is a legislative act that primarily focuses on the rulemaking power of the Texas Supreme Court, amending existing statutes to clarify and enhance this authority within the context of civil actions. This bill aims to ensure that any rules adopted by the Supreme Court directly supersede previous laws governing civil procedure, ensuring greater legal clarity and efficiency in the judicial process. By amending Section 22.004 of the Government Code, the bill emphasizes that conflicting laws can be repealed only through the court's rule adoption, thus asserting the court's central role in determining procedural regulations.
Sentiment
Reactions to SB1719 have been mixed, reflecting a range of opinions among lawmakers and stakeholders. Proponents argue that centralizing rulemaking authority with the Supreme Court will lead to a more efficient and modernized civil proceedings framework that better meets contemporary legal needs. Critics, however, worry that this consolidation may undermine legislative authority and diminish the oversight role that lawmakers have traditionally played in creating civil procedure laws, which could lead to a potential overreach of judicial power.
Contention
Notable points of contention surrounding SB1719 revolve around the balance of power between the judiciary and legislature. Critics emphasize the risk of undermining legislative authority by placing significant rulemaking power solely in the hands of the Supreme Court. This concern underscores a broader debate about judicial overreach and the separation of powers within Texas state governance. Supporters of the bill must address these concerns, particularly regarding maintaining due process and ensuring that civil procedures remain accessible and equitable for all Texans.
Texas Constitutional Statutes Affected
Occupations Code
Chapter 455. Massage Therapy
Section: 351
Section: 351
Section: 351
Section: 351
Section: 351
Chapter 1. General Provisions
Section: New Section
Family Code
Chapter 111. Guidelines For Possession And Child Support
Section: New Section
Section: New Section
Chapter 301. Discovery Procedures For Civil Actions
Section: New Section
Section: New Section
Finance Code
Chapter 276. Financial Institution Accounts
Section: 002
Section: 002
Government Code
Chapter 74. Court Administration Act
Section: 1625
Section: 1625
Chapter 22. Appellate Courts
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 52. Court Reporters And Shorthand Reporting Firms
Section: 047
Section: 047
Chapter 1. General Provisions
Section: New Section
Labor Code
Chapter 410. Adjudication Of Disputes
Section: 305
Section: 305
Civil Practice And Remedies Code
Chapter 30. Miscellaneous Provisions
Section: 0035
Section: 0035
Section: 0035
Section: 0035
Chapter 34. Execution On Judgments
Section: 041
Section: 041
Section: 041
Section: 041
Chapter 1. General Provisions
Section: New Section
Estates Code
Chapter 1162. Tax-motivated, Charitable, Nonprofit, And Other Gifts
Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state.
Relating to court deposition and transcription services and fees and to court reporters and certified court interpreters; establishing a civil penalty.
Relating to the creation of the Fifteenth Court of Appeals with jurisdiction over certain civil cases, the compensation of the justices of that court, and the jurisdiction of the courts of appeals in this state; authorizing fees.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.