Texas 2023 - 88th Regular

Texas Senate Bill SB2275

Filed
3/10/23  
Out of Senate Committee
4/12/23  
Voted on by Senate
4/19/23  
Out of House Committee
5/15/23  
Bill Becomes Law
 

Caption

Relating to the authority of the Supreme Court of Texas to adopt certain rules.

Impact

If enacted, SB 2275 would have significant implications for the legal framework governing the relationship between the Texas Legislature and the Supreme Court. The bill is poised to reinforce the principle that the judiciary, while having the power to set rules for civil procedures, must do so without conflicting with existing statutes. This alteration aims to ensure that the legislative body retains a clear role in establishing laws, thereby impacting how laws interact with the court's procedural rules and ensuring legislative intent is upheld.

Summary

Senate Bill 2275, relating to the authority of the Supreme Court of Texas to adopt certain rules, was proposed to amend existing laws around the rule-making processes of the court system. The bill proposes the repeal of a specific subsection of the Government Code that allowed the court to supersede laws through procedural rule adoption. By eliminating this provision, the legislation aims to clarify the court's authority and delineate the boundaries of legislative powers concerning rule adoption, emphasizing the importance of separation of powers in governance.

Sentiment

Overall, the sentiment regarding SB 2275 has been one of cautious support, with many legislators recognizing the necessity of maintaining a distinct separation between legislative authority and judicial interpretation. Advocates for the bill argue it promotes clarity and reduces potential overreach by the Supreme Court, making it easier for citizens and legal practitioners to understand the legal landscape. However, some lawmakers voiced concerns about reducing the flexibility of procedural rules, which might hinder the court's ability to adapt to evolving legal needs.

Contention

Key points of contention arise around the balance of power between the legislature and the judiciary. Proponents of the bill highlight that it reinforces constitutional checks and balances, while opponents argue that it may limit the court's ability to respond to unique legal challenges that do not align neatly with existing statutes. This ongoing debate encapsulates a fundamental tension in governance, underscoring ongoing discussions about the proper limits and powers of each branch of government in Texas.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 22. Appellate Courts
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX SB2226

Relating to the effect of procedural rules adopted by the Supreme Court of Texas.

TX HB2702

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

TX HB2574

Relating to rules adopted by the Texas Supreme Court to promote the expedited resolution of a civil action.

TX HB2919

Relating to state bar rules adopted or amended by the supreme court.

TX HB352

Relating to a cost-benefit analysis of rules adopted or amended by the supreme court.

TX SB1719

Relating to the rulemaking power of the Texas Supreme Court.

TX SB2005

Relating to rules promulgated by the Texas Supreme Court.

TX SB1905

Relating to the authority of the Railroad Commission of Texas to adopt certain rules related to ratemaking procedures and to the status of previously adopted rules.

TX HB2988

Relating to the authority of the Railroad Commission of Texas to adopt certain rules related to ratemaking procedures and to the status of previously adopted rules.

TX HB3929

Relating to the adoption by the Supreme Court of Texas of the Uniform Interstate Depositions and Discovery Act.

Similar Bills

No similar bills found.