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.