2009S0607-2 03/10/09
By: Duncan S.B. No. 2038
A BILL TO BE ENTITLED
AN ACT
relating to statutory revision and construction of revised
statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 22.001, Government Code,
is amended to read as follows:
(a) The supreme court has appellate jurisdiction, except in
criminal law matters, coextensive with the limits of the state and
extending to all questions of law arising in the following cases
when they have been brought to the courts of appeals from appealable
judgment of the trial courts:
(1) a case in which the justices of a court of appeals
disagree on a question of law material to the decision;
(2) a case in which one of the courts of appeals holds
differently from a prior decision of another court of appeals or of
the supreme court on a question of law material to a decision of the
case;
(3) a case involving the construction or validity of a
statute necessary to a determination of the case, subject to
Section 22.0011;
(4) a case involving state revenue;
(5) a case in which the railroad commission is a party;
and
(6) any other case in which it appears that an error of
law has been committed by the court of appeals, and that error is of
such importance to the jurisprudence of the state that, in the
opinion of the supreme court, it requires correction, but excluding
those cases in which the jurisdiction of the court of appeals is
made final by statute.
SECTION 2. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.0011 to read as follows:
Sec. 22.0011. JURISDICTION REGARDING NONSUBSTANTIVE
STATUTORY REVISIONS. (a) This section applies to the exercise by
the supreme court of its jurisdiction under Section 22.001(a)(3) in
cases involving the construction and validity of a codified or
revised statute that:
(1) was enacted by the legislature under the authority
provided by Section 43, Article III, Texas Constitution, in an
enactment having the purpose, declared by the legislature in the
enactment, of codifying or revising, without substantive change,
statutes that individually relate to different subjects; and
(2) was drafted by the Texas Legislative Council under
the continuing statutory revision program provided for by Section
323.007.
(b) The codification or revision of a statute to which this
section applies does not affect the meaning or effect of the
statute. The supreme court, in interpreting and applying a
codified or revised statute to which this section applies, shall
give the statute the same effect and meaning that was or would have
been given the statute before its codification or revision,
notwithstanding the repeal of the prior statute and regardless of
any omission or change that the supreme court would otherwise find
to be direct, unambiguous, and irreconcilable with prior law. Any
such omission or change for which the court finds no direct evidence
of legislative intent to change the sense, meaning, or effect of the
statute shall be considered unintended and shall be given no
effect.
SECTION 3. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.033 to read as follows:
Sec. 311.033. INTERPRETATION AND APPLICATION OF
NONSUBSTANTIVE STATUTORY REVISIONS. (a) This section applies to
the interpretation or application by a court, executive branch
agency, or other entity of a codified or revised statute that:
(1) was enacted by the legislature under the authority
provided by Section 43, Article III, Texas Constitution, in an
enactment having the purpose, declared by the legislature in the
enactment, of codifying or revising, without substantive change,
statutes that individually relate to different subjects; and
(2) was drafted by the Texas Legislative Council under
the continuing statutory revision program provided for by Section
323.007.
(b) The codification or revision of a statute to which this
section applies does not affect the meaning or effect of the
statute. A court, executive branch agency, or other entity, in
interpreting and applying a codified or revised statute to which
this section applies, shall give the statute the same effect and
meaning that was or would have been given the statute before its
codification or revision, notwithstanding the repeal of the prior
statute and regardless of any omission or change that the court,
executive branch agency, or other entity would otherwise find to be
direct, unambiguous, and irreconcilable with prior law. Any such
omission or change for which the court, executive branch agency, or
other entity finds no direct evidence of legislative intent to
change the sense, meaning, or effect of the statute shall be
considered unintended and shall be given no effect.
SECTION 4. 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.