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


Office of House Bill AnalysisH.B. 3604
By: Uresti
Civil Practices
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law makes certain sanctions available to the court in the
Texas Rules of Civil Procedure and the Civil Practice and Remedies Code.
However, confusion may occur where these codes 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 and Sections 9.012 (Violation; Sanction) and
10.004 (Violation; Rules of Civil Procedure) 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 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.