SB1719 - Relating to the rulemaking power of the Texas Supreme Court.

      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] laws and parts of laws governing practice and   procedure in civil actions enacted before May 15, 1939, are   repealed, subject to Subsection (c-1) [ , but substantive law is not   repealed ].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           (c-1)     No laws or parts of laws described by Subsection (c)   are superseded until the supreme court adopts a rule that governs   the subject matter of the law or part of a law.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a list of each article or   section of general law or each part of an article or section of   general law that has been superseded under Subsection (c-1) [ is   repealed or modified in any way ].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.