HBA-ATS, NIK H.B. 3604 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3604
By: Uresti
Civil Practices
6/24/1999
Enrolled



BACKGROUND AND PURPOSE 

The Texas Rules of Civil Procedure and the Civil Practice and Remedies Code
contain sanctions a court may impose on a person who signs a pleading or
motion.  However, confusion may occur in circumstances in which these
sources are in conflict with respect to time periods available to cure a
defect in a pleading.  H.B. 3604 resolves any such conflicts which may
arise between Rule 13 (Effect of Signing of Pleadings, Motions and Other
Papers; Sanctions) of the Texas Rules of Civil Procedure or Section 10.004
(Violation; Rules of Civil Procedure) of the Civil Practice and Remedies
Code and Section 9.012 (Violation; Sanction) of the Civil Practice and
Remedies Code. 

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 9.012, Civil Practice and Remedies Code, by
adding Subsection (h), to provide that this section (Violation; Sanction)
does not apply to any proceeding to which Section 10.004 (Violation;
Sanction), Civil Practice and Remedies Code, or Rule 13 (Effect of Signing
of Pleadings, Motions and Other Papers; Sanctions), Texas Rules of Civil
Procedure, applies. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.