Texas 2023 88th Regular

Texas Senate Bill SB2275 Analysis / Analysis

Filed 06/02/2023

                    BILL ANALYSIS        Senate Research Center   S.B. 2275         By: Hughes         State Affairs         5/31/2023         Enrolled          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   S.B. 2275 repeals the Supreme Court's authority to repeal a statute that conflicts with a rule. Statutes should take precedent over rules where in conflict, not vice versa.   S.B. 2275 amends current law relating to the authority of the Supreme Court of Texas to adopt certain rules.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Repealer: Section 22.004(c) (relating to providing that a rule adopted by the Supreme Court of Texas (supreme court), so that the supreme court has the full rulemaking power in civil actions, repeals all conflicting laws and parts of laws governing practice and procedure in civil actions, but substantive law is not repealed), Government Code.   SECTION 2. Effective date: September 1, 2023.   

BILL ANALYSIS

 

 

Senate Research Center S.B. 2275
 By: Hughes
 State Affairs
 5/31/2023
 Enrolled

Senate Research Center

S.B. 2275

 

By: Hughes

 

State Affairs

 

5/31/2023

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2275 repeals the Supreme Court's authority to repeal a statute that conflicts with a rule. Statutes should take precedent over rules where in conflict, not vice versa.

 

S.B. 2275 amends current law relating to the authority of the Supreme Court of Texas to adopt certain rules.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Repealer: Section 22.004(c) (relating to providing that a rule adopted by the Supreme Court of Texas (supreme court), so that the supreme court has the full rulemaking power in civil actions, repeals all conflicting laws and parts of laws governing practice and procedure in civil actions, but substantive law is not repealed), Government Code.

 

SECTION 2. Effective date: September 1, 2023.