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.