Relating to the Texas Supreme Court's rulemaking power over practice and procedure in civil actions.
Impact
If enacted, SB2879 would empower the Texas Supreme Court significantly as it pertains to the administration of civil law. By allowing the court to negate outdated procedural laws that conflict with its rules, it could lead to a more efficient and cohesive legal framework. This change would not only modernize the procedural aspects of civil actions but also ensure that the rules reflect contemporary legal practices, thereby improving access to justice.
Summary
Senate Bill 2879 aims to amend the Government Code regarding the Texas Supreme Court's rulemaking authority over practice and procedure in civil actions. This legislation seeks to clarify the court's powers by enabling it to repeal conflicting laws related to civil procedures that were enacted prior to May 15, 1939. The intention is for the Supreme Court to hold comprehensive rulemaking jurisdiction, thus enhancing its ability to streamline civil procedures across the state.
Contention
There may be points of contention relating to the balance of power between the legislature and the judicial branch. Critics might argue that giving the Supreme Court substantial power to repeal laws could undermine legislative authority and lead to a legal system that is more prone to inconsistency if different courts establish varying procedural rules. Furthermore, the transition from outdated laws could raise concerns regarding continuity and predictability in civil actions, affecting litigants and attorneys alike.
Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.
Relating to certain Title IV-D cases and other cases with respect to child support or Title IV-D agency services and to practices and procedures for the operation of the Title IV-D agency.
Relating to liability for the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; providing a civil penalty.