Texas 2009 - 81st Regular

Texas Senate Bill SB2038 Compare Versions

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1	1	S.B. No. 2038
2	2
3	3
4	4	AN ACT
5	5	relating to the construction of nonsubstantive codifications and
6	6	revisions of statutes.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (a), Section 22.001, Government Code,
9	9	is amended to read as follows:
10	10	(a) The supreme court has appellate jurisdiction, except in
11	11	criminal law matters, coextensive with the limits of the state and
12	12	extending to all questions of law arising in the following cases
13	13	when they have been brought to the courts of appeals from appealable
14	14	judgment of the trial courts:
15	15	(1) a case in which the justices of a court of appeals
16	16	disagree on a question of law material to the decision;
17	17	(2) a case in which one of the courts of appeals holds
18	18	differently from a prior decision of another court of appeals or of
19	19	the supreme court on a question of law material to a decision of the
20	20	case;
21	21	(3) subject to Section 22.0011, a case involving the
22	22	construction or validity of a statute necessary to a determination
23	23	of the case;
24	24	(4) a case involving state revenue;
25	25	(5) a case in which the railroad commission is a party;
26	26	and
27	27	(6) any other case in which it appears that an error of
28	28	law has been committed by the court of appeals, and that error is of
29	29	such importance to the jurisprudence of the state that, in the
30	30	opinion of the supreme court, it requires correction, but excluding
31	31	those cases in which the jurisdiction of the court of appeals is
32	32	made final by statute.
33	33	SECTION 2. Subchapter A, Chapter 22, Government Code, is
34	34	amended by adding Section 22.0011 to read as follows:
35	35	Sec. 22.0011. JURISDICTION REGARDING NONSUBSTANTIVE
36	36	REVISIONS. (a) This section applies to the exercise of the
37	37	supreme court's jurisdiction under Section 22.001(a)(3) if:
38	38	(1) the statute at issue in the case was enacted by the
39	39	legislature under the direction of Article III, Section 43, Texas
40	40	Constitution, in an enactment having the purpose, declared by the
41	41	legislature in the enactment, of codifying or revising without
42	42	substantive change statutes that individually relate to different
43	43	subjects; and
44	44	(2) the statute was prepared for the legislature's
45	45	consideration by the Texas Legislative Council under the authority
46	46	granted to the council by Section 323.007.
47	47	(b) The codification or revision of a statute to which this
48	48	section applies does not affect the meaning or effect of the
49	49	statute.
50	50	(c) In interpreting and applying a codified or revised
51	51	statute to which this section applies, the supreme court shall give
52	52	the statute the same effect and meaning that was or would have been
53	53	given the statute before its codification or revision,
54	54	notwithstanding the repeal of the prior statute and regardless of
55	55	any omission or change in the codified or revised statute that the
56	56	supreme court would otherwise find to be direct, unambiguous, and
57	57	irreconcilable with the prior version of the statute. Any omission
58	58	or change in the codified or revised statute for which the court
59	59	finds no direct express evidence of legislative intent to change
60	60	the sense, meaning, or effect of the statute shall be considered to
61	61	be unintended and shall be given no effect.
62	62	SECTION 3. Subchapter C, Chapter 311, Government Code, is
63	63	amended by adding Section 311.033 to read as follows:
64	64	Sec. 311.033. INTERPRETATION AND APPLICATION OF
65	65	NONSUBSTANTIVE REVISIONS. (a) This section applies to the
66	66	interpretation or application by a court, executive branch agency,
67	67	or other entity of a statute enacted by the legislature of this
68	68	state if:
69	69	(1) the statute at issue in the case was enacted by the
70	70	legislature under the direction of Article III, Section 43, Texas
71	71	Constitution, in an enactment having the purpose, declared by the
72	72	legislature in the enactment, of codifying or revising without
73	73	substantive change statutes that individually relate to different
74	74	subjects; and
75	75	(2) the statute was prepared for the legislature's
76	76	consideration by the Texas Legislative Council under the authority
77	77	granted to the council by Section 323.007.
78	78	(b) The codification or revision of a statute to which this
79	79	section applies does not affect the meaning or effect of the
80	80	statute.
81	81	(c) In interpreting and applying a codified or revised
82	82	statute to which this section applies, the court, executive branch,
83	83	or other entity shall give the statute the same effect and meaning
84	84	that was or would have been given the statute before its
85	85	codification or revision, notwithstanding the repeal of the prior
86	86	statute and regardless of any omission or change in the codified or
87	87	revised statute that the court, executive branch, or other entity
88	88	would otherwise find to be direct, unambiguous, and irreconcilable
89	89	with the prior version of the statute. Any omission or change in
90	90	the codified or revised statute for which the court, executive
91	91	branch, or other entity finds no direct express evidence of
92	92	legislative intent to change the sense, meaning, or effect of the
93	93	statute shall be considered to be unintended and shall be given no
94	94	effect.
95	95	SECTION 4. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2009.
100	100	______________________________ ______________________________
101	101	President of the Senate Speaker of the House
102	102	I hereby certify that S.B. No. 2038 passed the Senate on
103	103	April 30, 2009, by the following vote: Yeas 30, Nays 0.
104	104	______________________________
105	105	Secretary of the Senate
106	106	I hereby certify that S.B. No. 2038 passed the House on
107	107	May 14, 2009, by the following vote: Yeas 147, Nays 0, one
108	108	present not voting.
109	109	______________________________
110	110	Chief Clerk of the House
111	111	Approved:
112	112	______________________________
113	113	Date
114	114	______________________________
115	115	Governor