81R6078 CAE-D
By: Eiland H.B. No. 1861
A BILL TO BE ENTITLED
AN ACT
relating to the rulemaking authority of the Supreme Court of Texas
and the Texas Court of Criminal Appeals to extend the statute of
limitations and certain other legal deadlines in a county in which a
disaster has occurred.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.0041 to read as follows:
Sec. 22.0041. EXTENSION OF DEADLINES FOLLOWING DISASTER.
Notwithstanding any other provision, the supreme court has the full
rulemaking power to extend a statute of limitation or other civil
deadline in a civil case in which venue is in a county all or part of
which is located in an area designated by an executive order or
proclamation issued by the governor under Chapter 418 declaring a
state of disaster by not more than 30 days after the date the
original statute of limitation expires or the date of the civil
deadline.
SECTION 2. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.1091 to read as follows:
Sec. 22.1091. EXTENSION OF DEADLINES FOLLOWING DISASTER.
Notwithstanding any other provision, the court of criminal appeals
has the full rulemaking power to extend a statute of limitation or
other criminal filing deadline in a criminal matter in a county all
or part of which is located in an area designated by an executive
order or proclamation issued by the governor under Chapter 418
declaring a state of disaster by not more than 30 days after the
date the original statute of limitation expires or the date of the
criminal filing deadline.
SECTION 3. The change in law made by this Act by adding
Section 22.0041, Government Code, does not apply to a statute of
limitation or civil deadline that has passed before the effective
date of this Act, and the Supreme Court of Texas may not extend that
statute of limitation or civil deadline.
SECTION 4. The change in law made by this Act by adding
Section 22.1091, Government Code, does not apply to a criminal
filing deadline that has passed before the effective date of this
Act, and the Texas Court of Criminal Appeals may not extend that
criminal filing deadline.
SECTION 5. The change in law made by this Act does not apply
to an offense if the prosecution of that offense becomes barred by
the limitation before the effective date of this Act. The
prosecution of that offense remains barred and the Texas Court of
Criminal Appeals may not extend the limitation for that offense.
SECTION 6. 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.