HBA-ATS H.B. 3151 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3151 By: Sadler Civil Practices 4/12/1999 Introduced BACKGROUND AND PURPOSE Under the Texas Constitution of 1876 (constitution), the Supreme Court of Texas has responsibility for the efficient administration of the judicial branch and is required to promulgate rules of administration, as well as rules of civil procedure for all courts, not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. Furthermore, the Supreme Court of Texas has express authority to promulgate other rules as may be prescribed by law or the constitution that may be delegated by the legislature and subject to limitations and procedures that may be provided by law. There is no proscription as to when the Supreme Court of Texas must promulgate rules, therefore they can be, and sometimes are, promulgated at a time which escapes review by the legislature. Recently, the supreme court adopted rules, namely the "no-evidence" summary judgment standard in Rule 166a of the Texas Rules of Civil Procedure, that significantly changed civil practice in Texas. These changes went into effect on January 1, 1999, less than two weeks before the Texas Legislature convened for the 76th legislative session. Consequently, the legislature did not have a chance to review the rules before they took effect. H.B. 3151 prohibits a rule of civil procedure or an amendment to a specific rule or rules promulgated by the supreme court from taking effect earlier than July 1 of the odd-numbered year that follows adoption of the rule or amendment. In addition, this bill requires the clerk of the supreme court to mail the rules or amendments to rules promulgated by the supreme court to the chair of the legislative committee of each house that has jurisdiction over the subject matter. This bill also disapproves the rules of civil procedure, and the repeals of and amendments to existing rules of civil procedure, promulgated by the supreme court on August 4, 1998, to be effective January 1, 1999, and continues in effect the rules of civil procedure as they existed before January 1, 1999, until amended by order of the supreme court adopted on or after the effective date of this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.004(b), Government Code, to prohibit a rule of civil procedure or an amendment to a specific rule or rules promulgated by the supreme court from taking effect earlier than July 1 of the odd-numbered year that follows adoption of the rule or amendment. Includes the chair of the legislative committee of each house that has jurisdiction over the subject matter among the parties to whom the clerk of the supreme court is required to mail the rules or amendments to rules promulgated by the supreme court. Makes a nonsubstantive change. SECTION 2. Disapproves the rules of civil procedure, and the repeals of and amendments to existing rules of civil procedure, promulgated by the supreme court on August 4, 1998, to be effective January 1, 1999. Continues in effect the rules of civil procedure as they existed before January 1, 1999, until amended by order of the supreme court adopted on or after the effective date of this Act. Prohibits a rule or amendment adopted after the effective date of this Act from taking effect earlier than July 1, 2001. SECTION 3.Emergency clause. Effective date: upon passage.