Relating to the rulemaking power of the Texas Supreme Court.

89(R) SB 1719 - House Committee Report version - Bill Text

By: Hughes

S.B. No. 1719

(Smithee)

A BILL TO BE ENTITLED

AN ACT

relating to the rulemaking power of the Texas Supreme Court.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. RULEMAKING POWER OF TEXAS SUPREME COURT

SECTION 1.01. Section 22.004, Government Code, is amended

by amending Subsection (c) and adding Subsections (c-1) and (c-2)

to read as follows:

(c) So that the supreme court has full rulemaking power in

civil actions, [
a rule adopted by the supreme court repeals
] all

[
conflicting
] laws and parts of laws governing practice and

procedure in civil actions
enacted before May 15, 1939, are

repealed, subject to Subsection (c-1)
[
, but substantive law is not

repealed
].
This subsection does not repeal a substantive law.

(c-1)

No laws or parts of laws described by Subsection (c)

are superseded until the supreme court adopts a rule that governs

the subject matter of the law or part of a law.

(c-2)
At the time the supreme court files a rule, the court

shall file with the secretary of state a list of each article or

section of general law or each part of an article or section of

general law that
has been superseded under Subsection (c-1)
[
is

repealed or modified in any way
]. The list has the same weight and

effect as a decision of the court.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Section 30.0035, Civil Practice and Remedies

Code, is amended to read as follows:

Sec. 30.0035. PERSONAL SERVICE OF PROCESS DURING

LEGISLATIVE PROCEEDING PROHIBITED. A person may not serve citation

or other civil process in person on a member, officer, or employee

of the senate or house of representatives during any legislative

proceeding. A court shall quash any service made in violation of

this section. The supreme court shall revoke the certification of a

process server who violates this section. [
This section is not

subject to Section 22.004(c), Government Code.
]

SECTION 2.02. Section 34.041(c), Civil Practice and

Remedies Code, is amended to read as follows:

(c) A sale of real property under this subchapter must take

place between 10 a.m. and 4 p.m. on the first Tuesday of a month or,

if the first Tuesday of a month occurs on January 1 or July 4,

between 10 a.m. and 4 p.m. on the first Wednesday of the month.

[
Notwithstanding Section 22.004, Government Code, the supreme

court may not amend or adopt rules in conflict with this

subsection.
]

SECTION 2.03. Section 1162.007(c), Estates Code, is amended

to read as follows:

(c) An attorney does not violate the attorney-client

privilege solely by complying with a court order to release an

instrument subject to this section and Sections 1162.005 and

1162.006. [
Notwithstanding Section 22.004, Government Code, the

supreme court may not amend or adopt rules in conflict with this

subsection.
]

SECTION 2.04. Section 52.047(g), Government Code, is

amended to read as follows:

(g) Notwithstanding the Texas Rules of Appellate Procedure,

an official court reporter who is required to prepare a transcript

in a criminal case without charging a fee is not entitled to payment

for the transcript from the state or county if the county paid a

substitute court reporter to perform the official court reporter's

regular duties while the transcript was being prepared. To the

extent that this subsection conflicts with the Texas Rules of

Appellate Procedure, this subsection controls. [
Notwithstanding

Sections 22.004 and 22.108(b), the supreme court or the court of

criminal appeals may not amend or adopt rules in conflict with this

subsection.
]

SECTION 2.05. Section 171.208(i), Health and Safety Code,

is amended to read as follows:

(i) Notwithstanding any other law, a court may not award

costs or attorney's fees under the Texas Rules of Civil Procedure

[
or any other rule adopted by the supreme court under Section

22.004, Government Code,
] to a defendant in an action brought under

this section.

SECTION 2.06. Section 455.351(h), Occupations Code, is

amended to read as follows:

(h) Notwithstanding
any other law or rule
[
Section 22.004,

Government Code
]:

(1) a person may not continue the enjoined activity

pending appeal or trial on the merits of an injunctive order entered

in a suit brought under this subchapter;

(2) not later than the 90th day after the date of the

injunctive order, the appropriate court of appeals shall hear and

decide an appeal taken by a party enjoined under this subchapter;

and

(3) if an appeal is not taken by a party temporarily

enjoined under this article, the parties are entitled to a full

trial on the merits not later than the 90th day after the date of the

temporary injunctive order.

SECTION 2.07. The following provisions of the Civil

Practice and Remedies Code are repealed:

(1) Section 10.006;

(2) Section 14.013(c);

(3) Section 14.014;

(4) Section 14A.061(c);

(5) Section 14A.062;

(6) Section 15.066;

(7) Section 30.010(d);

(8) Section 30.013(f);

(9) Section 30.018(b);

(10) Section 51.017(b);

(11) Section 52.005(b);

(12) Section 64.091(k);

(13) Section 64.093(k);

(14) Section 65.045(b);

(15) Section 98.007(e);

(16) Section 134A.007(c); and

(17) Section 154.028(m).

SECTION 2.08. The following provisions are repealed:

(1) Section 111.002(b), Family Code;

(2) Section 301.002, Family Code;

(3) Section 276.002(e), Finance Code;

(4) Section 74.1625(b), Government Code; and

(5) Section 410.305(b), Labor Code.

ARTICLE 3. TRANSITION; EFFECTIVE DATE

SECTION 3.01. On the effective date of this Act, a rule

adopted by the Texas Supreme Court under Section 22.004, Government

Code, as it existed before the effective date of this Act, that

conflicts with a provision of law is invalid and has no effect in

any action commenced on or after the effective date of this Act in

any court in this state.

SECTION 3.02. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.