Texas Senate Bill SB2879

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

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 By allowing the court to negate outdated procedural laws that conflict with its rules, it could lead to a more efficient and cohesive legal framework.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 Furthermore, the transition from outdated laws could raise concerns regarding continuity and predictability in civil actions, affecting litigants and attorneys alike.

Texas Constitutional Statutes Affected

Government Code

• Chapter 22. Appellate Courts
  • Section: New Section