HBA-BSM, CMT H.B. 2112 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2112
By: Dutton
Judicial Affairs
3/20/2001
Introduced



BACKGROUND AND PURPOSE 

Under current Texas law, the supreme court is not required to notify the
legislature of changes or additions to the Texas Rules of Civil Procedure
or other rules made by the supreme court.  Following the 76th legislative
session, the House Committee on Civil Practices studied the rulemaking
powers of the Texas Supreme Court.  The committee, in its interim report,
recommended that changes be made to the Civil Practices and Remedies Code
to ensure that the inherent balance of power between the legislature and
the courts remain intact and to assure that the legislature was adequately
informed of rulemaking by the court that may affect current statutes.
House Bill 2112 requires the secretary of state to report all rules or
amendments to rules adopted by the supreme court to the next regular
session of the legislature. 

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. 

ANALYSIS

House Bill 2112 amends the Government Code to require the secretary of
state to report rules or amendments to rules to the next regular session of
the legislature by mailing a copy of the rules or amendments to each
elected member of the legislature on or before December 1 immediately
proceeding the session.  The bill requires the supreme court to 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 is modified in any
way at the time the supreme court files a rule. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.