| 1 | 1 | | 2025S0247-1 03/13/25 |
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| 2 | 2 | | By: Hughes S.B. No. 2879 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the Texas Supreme Court's rulemaking power over |
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| 10 | 10 | | practice and procedure in civil actions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 22.004, Government Code, is amended by |
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| 13 | 13 | | amending Subsection (c) and adding Subsections (c-1) and (c-2) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (c) So that the supreme court has full rulemaking power in |
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| 16 | 16 | | civil actions, [a rule adopted by the supreme court repeals] all |
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| 17 | 17 | | [conflicting] laws and parts of laws governing practice and |
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| 18 | 18 | | procedure in civil actions enacted before May 15, 1939, are |
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| 19 | 19 | | repealed, subject to Subsection (c-1)[, but substantive law is not |
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| 20 | 20 | | repealed]. This subsection does not repeal a substantive law. |
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| 21 | 21 | | (c-1) No laws or parts of laws described by Subsection (c) |
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| 22 | 22 | | are superseded until the supreme court adopts a rule that governs |
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| 23 | 23 | | the subject matter of the law or part of a law. |
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| 24 | 24 | | (c-2) At the time the supreme court files a rule, the court |
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| 25 | 25 | | shall file with the secretary of state a list of each article or |
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| 26 | 26 | | section of general law or each part of an article or section of |
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| 27 | 27 | | general law that has been superseded under Subsection (c-1) [is |
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| 28 | 28 | | repealed or modified in any way]. The list has the same weight and |
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| 29 | 29 | | effect as a decision of the court. |
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| 30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2025. |
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