| 1 | 1 | | 81R6078 CAE-D |
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| 2 | 2 | | By: Eiland H.B. No. 1861 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rulemaking authority of the Supreme Court of Texas |
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| 8 | 8 | | and the Texas Court of Criminal Appeals to extend the statute of |
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| 9 | 9 | | limitations and certain other legal deadlines in a county in which a |
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| 10 | 10 | | disaster has occurred. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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| 13 | 13 | | amended by adding Section 22.0041 to read as follows: |
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| 14 | 14 | | Sec. 22.0041. EXTENSION OF DEADLINES FOLLOWING DISASTER. |
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| 15 | 15 | | Notwithstanding any other provision, the supreme court has the full |
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| 16 | 16 | | rulemaking power to extend a statute of limitation or other civil |
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| 17 | 17 | | deadline in a civil case in which venue is in a county all or part of |
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| 18 | 18 | | which is located in an area designated by an executive order or |
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| 19 | 19 | | proclamation issued by the governor under Chapter 418 declaring a |
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| 20 | 20 | | state of disaster by not more than 30 days after the date the |
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| 21 | 21 | | original statute of limitation expires or the date of the civil |
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| 22 | 22 | | deadline. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 22, Government Code, is |
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| 24 | 24 | | amended by adding Section 22.1091 to read as follows: |
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| 25 | 25 | | Sec. 22.1091. EXTENSION OF DEADLINES FOLLOWING DISASTER. |
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| 26 | 26 | | Notwithstanding any other provision, the court of criminal appeals |
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| 27 | 27 | | has the full rulemaking power to extend a statute of limitation or |
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| 28 | 28 | | other criminal filing deadline in a criminal matter in a county all |
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| 29 | 29 | | or part of which is located in an area designated by an executive |
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| 30 | 30 | | order or proclamation issued by the governor under Chapter 418 |
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| 31 | 31 | | declaring a state of disaster by not more than 30 days after the |
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| 32 | 32 | | date the original statute of limitation expires or the date of the |
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| 33 | 33 | | criminal filing deadline. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act by adding |
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| 35 | 35 | | Section 22.0041, Government Code, does not apply to a statute of |
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| 36 | 36 | | limitation or civil deadline that has passed before the effective |
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| 37 | 37 | | date of this Act, and the Supreme Court of Texas may not extend that |
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| 38 | 38 | | statute of limitation or civil deadline. |
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| 39 | 39 | | SECTION 4. The change in law made by this Act by adding |
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| 40 | 40 | | Section 22.1091, Government Code, does not apply to a criminal |
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| 41 | 41 | | filing deadline that has passed before the effective date of this |
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| 42 | 42 | | Act, and the Texas Court of Criminal Appeals may not extend that |
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| 43 | 43 | | criminal filing deadline. |
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| 44 | 44 | | SECTION 5. The change in law made by this Act does not apply |
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| 45 | 45 | | to an offense if the prosecution of that offense becomes barred by |
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| 46 | 46 | | the limitation before the effective date of this Act. The |
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| 47 | 47 | | prosecution of that offense remains barred and the Texas Court of |
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| 48 | 48 | | Criminal Appeals may not extend the limitation for that offense. |
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| 49 | 49 | | SECTION 6. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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