Texas 2025 - 89th Regular

Texas Senate Bill SB1719 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 1719
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	2	+	(In the Senate - Filed February 27, 2025; March 13, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	March 31, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; March 31, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1719 By: Hughes
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the rulemaking power of the Texas Supreme Court.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		ARTICLE 1. RULEMAKING POWER OF TEXAS SUPREME COURT
11	16		SECTION 1.01. Section 22.004, Government Code, is amended
12	17		by amending Subsection (c) and adding Subsections (c-1) and (c-2)
13	18		to read as follows:
14	19		(c) So that the supreme court has full rulemaking power in
15	20		civil actions, [a rule adopted by the supreme court repeals] all
16	21		[conflicting] laws and parts of laws governing practice and
17	22		procedure in civil actions enacted before May 15, 1939, are
18	23		repealed, subject to Subsection (c-1)[, but substantive law is not
19	24		repealed]. This subsection does not repeal a substantive law.
20	25		(c-1) No laws or parts of laws described by Subsection (c)
21	26		are superseded until the supreme court adopts a rule that governs
22	27		the subject matter of the law or part of a law.
23	28		(c-2) At the time the supreme court files a rule, the court
24	29		shall file with the secretary of state a list of each article or
25	30		section of general law or each part of an article or section of
26	31		general law that has been superseded under Subsection (c-1) [is
27	32		repealed or modified in any way]. The list has the same weight and
28	33		effect as a decision of the court.
29	34		ARTICLE 2. CONFORMING CHANGES
30	35		SECTION 2.01. Section 30.0035, Civil Practice and Remedies
31	36		Code, is amended to read as follows:
32	37		Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING
33	38		LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation
34	39		or other civil process in person on a member, officer, or employee
35	40		of the senate or house of representatives during any legislative
36	41		proceeding. A court shall quash any service made in violation of
37	42		this section. The supreme court shall revoke the certification of a
38	43		process server who violates this section. [This section is not
39	44		subject to Section 22.004(c), Government Code.]
40	45		SECTION 2.02. Section 34.041(c), Civil Practice and
41	46		Remedies Code, is amended to read as follows:
42	47		(c) A sale of real property under this subchapter must take
43	48		place between 10 a.m. and 4 p.m. on the first Tuesday of a month or,
44	49		if the first Tuesday of a month occurs on January 1 or July 4,
45	50		between 10 a.m. and 4 p.m. on the first Wednesday of the month.
46	51		[Notwithstanding Section 22.004, Government Code, the supreme
47	52		court may not amend or adopt rules in conflict with this
48	53		subsection.]
49	54		SECTION 2.03. Section 1162.007(c), Estates Code, is amended
50	55		to read as follows:
51	56		(c) An attorney does not violate the attorney-client
52	57		privilege solely by complying with a court order to release an
53	58		instrument subject to this section and Sections 1162.005 and
54	59		1162.006. [Notwithstanding Section 22.004, Government Code, the
55	60		supreme court may not amend or adopt rules in conflict with this
56	61		subsection.]
57	62		SECTION 2.04. Section 52.047(g), Government Code, is
58	63		amended to read as follows:
59	64		(g) Notwithstanding the Texas Rules of Appellate Procedure,
60	65		an official court reporter who is required to prepare a transcript
61	66		in a criminal case without charging a fee is not entitled to payment
62	67		for the transcript from the state or county if the county paid a
63	68		substitute court reporter to perform the official court reporter's
64	69		regular duties while the transcript was being prepared. To the
65	70		extent that this subsection conflicts with the Texas Rules of
66	71		Appellate Procedure, this subsection controls. [Notwithstanding
67	72		Sections 22.004 and 22.108(b), the supreme court or the court of
68	73		criminal appeals may not amend or adopt rules in conflict with this
69	74		subsection.]
70	75		SECTION 2.05. Section 171.208(i), Health and Safety Code,
71	76		is amended to read as follows:
72	77		(i) Notwithstanding any other law, a court may not award
73	78		costs or attorney's fees under the Texas Rules of Civil Procedure
74	79		[or any other rule adopted by the supreme court under Section
75	80		22.004, Government Code,] to a defendant in an action brought under
76	81		this section.
77	82		SECTION 2.06. Section 455.351(h), Occupations Code, is
78	83		amended to read as follows:
79	84		(h) Notwithstanding any other law or rule [Section 22.004,
80	85		Government Code]:
81	86		(1) a person may not continue the enjoined activity
82	87		pending appeal or trial on the merits of an injunctive order entered
83	88		in a suit brought under this subchapter;
84	89		(2) not later than the 90th day after the date of the
85	90		injunctive order, the appropriate court of appeals shall hear and
86	91		decide an appeal taken by a party enjoined under this subchapter;
87	92		and
88	93		(3) if an appeal is not taken by a party temporarily
89	94		enjoined under this article, the parties are entitled to a full
90	95		trial on the merits not later than the 90th day after the date of the
91	96		temporary injunctive order.
92	97		SECTION 2.07. The following provisions of the Civil
93	98		Practice and Remedies Code are repealed:
94	99		(1) Section 10.006;
95	100		(2) Section 14.013(c);
96	101		(3) Section 14.014;
97	102		(4) Section 14A.061(c);
98	103		(5) Section 14A.062;
99	104		(6) Section 15.066;
100	105		(7) Section 30.010(d);
101	106		(8) Section 30.013(f);
102	107		(9) Section 30.018(b);
103	108		(10) Section 51.017(b);
104	109		(11) Section 52.005(b);
105	110		(12) Section 64.091(k);
106	111		(13) Section 64.093(k);
107	112		(14) Section 65.045(b);
108	113		(15) Section 98.007(e);
109	114		(16) Section 134A.007(c); and
110	115		(17) Section 154.028(m).
111	116		SECTION 2.08. The following provisions are repealed:
112	117		(1) Section 111.002(b), Family Code;
113	118		(2) Section 301.002, Family Code;
114	119		(3) Section 276.002(e), Finance Code;
115	120		(4) Section 74.1625(b), Government Code; and
116	121		(5) Section 410.305(b), Labor Code.
117	122		ARTICLE 3. TRANSITION; EFFECTIVE DATE
118	123		SECTION 3.01. On the effective date of this Act, a rule
119	124		adopted by the Texas Supreme Court under Section 22.004, Government
120	125		Code, as it existed before the effective date of this Act, that
121	126		conflicts with a provision of law is invalid and has no effect in
122	127		any action commenced on or after the effective date of this Act in
123	128		any court in this state.
124	129		SECTION 3.02. This Act takes effect immediately if it
125	130		receives a vote of two-thirds of all the members elected to each
126	131		house, as provided by Section 39, Article III, Texas Constitution.
127	132		If this Act does not receive the vote necessary for immediate
128	133		effect, this Act takes effect September 1, 2025.
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