Texas 2009 - 81st Regular

Texas House Bill HB4126 Compare Versions

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Old	New	Differences
1	1	81R23544 JSA-F
2	2	By: Hartnett H.B. No. 4126
3	3	Substitute the following for H.B. No. 4126:
4	4	By: Alonzo C.S.H.B. No. 4126
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the construction of nonsubstantive codifications and
10	10	revisions of statutes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 22.001(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) The supreme court has appellate jurisdiction, except in
15	15	criminal law matters, coextensive with the limits of the state and
16	16	extending to all questions of law arising in the following cases
17	17	when they have been brought to the courts of appeals from appealable
18	18	judgment of the trial courts:
19	19	(1) a case in which the justices of a court of appeals
20	20	disagree on a question of law material to the decision;
21	21	(2) a case in which one of the courts of appeals holds
22	22	differently from a prior decision of another court of appeals or of
23	23	the supreme court on a question of law material to a decision of the
24	24	case;
25	25	(3) subject to Section 22.0011, a case involving the
26	26	construction or validity of a statute necessary to a determination
27	27	of the case;
28	28	(4) a case involving state revenue;
29	29	(5) a case in which the railroad commission is a party;
30	30	and
31	31	(6) any other case in which it appears that an error of
32	32	law has been committed by the court of appeals, and that error is of
33	33	such importance to the jurisprudence of the state that, in the
34	34	opinion of the supreme court, it requires correction, but excluding
35	35	those cases in which the jurisdiction of the court of appeals is
36	36	made final by statute.
37	37	SECTION 2. Subchapter A, Chapter 22, Government Code, is
38	38	amended by adding Section 22.0011 to read as follows:
39	39	Sec. 22.0011. JURISDICTION REGARDING NONSUBSTANTIVE
40	40	REVISIONS. (a) This section applies to the exercise of the supreme
41	41	court's jurisdiction under Section 22.001(a)(3) if:
42	42	(1) the statute at issue in the case was enacted by the
43	43	legislature under the direction of Article III, Section 43, Texas
44	44	Constitution, in an enactment having the purpose, declared by the
45	45	legislature in the enactment, of codifying or revising without
46	46	substantive change statutes that individually relate to different
47	47	subjects; and
48	48	(2) the statute was prepared for the legislature's
49	49	consideration by the Texas Legislative Council under the authority
50	50	granted to the council by Section 323.007.
51	51	(b) The codification or revision of a statute to which this
52	52	section applies does not affect the meaning or effect of the
53	53	statute.
54	54	(c) In interpreting and applying a codified or revised
55	55	statute to which this section applies, the supreme court shall give
56	56	the statute the same effect and meaning that was or would have been
57	57	given the statute before its codification or revision,
58	58	notwithstanding the repeal of the prior statute and regardless of
59	59	any omission or change in the codified or revised statute that the
60	60	supreme court would otherwise find to be direct, unambiguous, and
61	61	irreconcilable with the prior version of the statute. Any omission
62	62	or change in the codified or revised statute for which the court
63	63	finds no direct express evidence of legislative intent to change
64	64	the sense, meaning, or effect of the statute shall be considered to
65	65	be unintended and shall be given no effect.
66	66	SECTION 3. Subchapter C, Chapter 311, Government Code, is
67	67	amended by adding Section 311.033 to read as follows:
68	68	Sec. 311.033. INTERPRETATION AND APPLICATION OF
69	69	NONSUBSTANTIVE REVISIONS. (a) This section applies to the
70	70	interpretation or application by a court, executive branch agency,
71	71	or other entity of a statute enacted by the legislature of this
72	72	state if:
73	73	(1) the statute at issue in the case was enacted by the
74	74	legislature under the direction of Article III, Section 43, Texas
75	75	Constitution, in an enactment having the purpose, declared by the
76	76	legislature in the enactment, of codifying or revising without
77	77	substantive change statutes that individually relate to different
78	78	subjects; and
79	79	(2) the statute was prepared for the legislature's
80	80	consideration by the Texas Legislative Council under the authority
81	81	granted to the council by Section 323.007.
82	82	(b) The codification or revision of a statute to which this
83	83	section applies does not affect the meaning or effect of the
84	84	statute.
85	85	(c) In interpreting and applying a codified or revised
86	86	statute to which this section applies, the court, executive branch,
87	87	or other entity shall give the statute the same effect and meaning
88	88	that was or would have been given the statute before its
89	89	codification or revision, notwithstanding the repeal of the prior
90	90	statute and regardless of any omission or change in the codified or
91	91	revised statute that the court, executive branch, or other entity
92	92	would otherwise find to be direct, unambiguous, and irreconcilable
93	93	with the prior version of the statute. Any omission or change in
94	94	the codified or revised statute for which the court, executive
95	95	branch, or other entity finds no direct express evidence of
96	96	legislative intent to change the sense, meaning, or effect of the
97	97	statute shall be considered to be unintended and shall be given no
98	98	effect.
99	99	SECTION 4. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2009.