Texas Government Code - Section 22.004. Rules Of Civil Procedure
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§ 22.004. RULES OF CIVIL PROCEDURE. (a) The supreme
court has the full rulemaking power in the practice and procedure in
civil actions, except that its rules may not abridge, enlarge, or
modify the substantive rights of a litigant.
(b) The supreme court from time to time may promulgate a
specific rule or rules of civil procedure, or an amendment or
amendments to a specific rule or rules, to be effective at the time
the supreme court deems expedient in the interest of a proper
administration of justice. The rules and amendments to rules
remain in effect unless and until disapproved by the legislature.
The clerk of the supreme court shall file with the secretary of
state the rules or amendments to rules promulgated by the supreme
court under this subsection and shall mail a copy of those rules or
amendments to rules to each registered member of the State Bar of
Texas not later than the 60th day before the date on which they
become effective. The secretary of state shall report the rules or
amendments to rules to the next regular session of the legislature
by mailing a copy of the rules or amendments to rules to each
elected member of the legislature on or before December 1
immediately preceding the session.
(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in civil actions, but substantive law is not repealed. 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 is
repealed or modified in any way. The list has the same weight and
effect as a decision of the court.
(d) The rules of practice and procedure in civil actions
shall be published in the official reports of the supreme court.
The supreme court may adopt the method it deems expedient for the
printing and distribution of the rules.
(e) This section does not affect the repeal of statutes
repealed by Chapter 25, page 201, General Laws, Acts of the 46th
Legislature, Regular Session, 1939, on September 1, 1941.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 297, § 1, eff. Aug. 28, 1989; Acts
2001, 77th Leg., ch. 644, § 1, eff. June 13, 2001.
Section: 21.006 21.007 21.008 21.009 22.001 22.002 22.003 22.004 22.005 22.006 22.007 22.008 22.009 22.010 22.011
Last modified: August 11, 2007
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