Bill Text: TX SB2299 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the identification of constitutional or statutory provisions of this state that have been invalidated or otherwise limited by a state appellate court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to State Affairs [SB2299 Detail]
Download: Texas-2023-SB2299-Introduced.html
| 88R14523 JON-D | ||
| By: Zaffirini | S.B. No. 2299 | |
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| relating to the identification of constitutional or statutory | ||
| provisions of this state that have been invalidated or otherwise | ||
| limited by a state appellate court. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 22, Government Code, is | ||
| amended by adding Section 22.306 to read as follows: | ||
| Sec. 22.306. IDENTIFICATION OF CONSTITUTIONAL OR STATUTORY | ||
| PROVISIONS INVALIDATED OR OTHERWISE LIMITED. (a) In this section, | ||
| "office" means the Office of Court Administration of the Texas | ||
| Judicial System. | ||
| (b) Not later than the 30th day after issuing a decision, an | ||
| appellate court of this state, including the supreme court and the | ||
| court of criminal appeals, shall report the decision to the office | ||
| in a manner prescribed by the office if the decision does any of the | ||
| following: | ||
| (1) concludes that a constitutional provision of this | ||
| state or a statute of this state conflicts wholly or partly with | ||
| federal law; | ||
| (2) concludes that a statute of this state conflicts | ||
| wholly or partly with the Texas Constitution; | ||
| (3) uses the statutory construction aids identified in | ||
| Section 311.023 because a statute is: | ||
| (A) facially ambiguous; or | ||
| (B) ambiguous as applied to the facts of the | ||
| case; or | ||
| (4) concludes that two or more statutes of this state | ||
| or two or more amendments to the same statute of this state are | ||
| irreconcilable. | ||
| (c) Not later than September 1 of each year, the office | ||
| shall prepare and submit to the governor, the lieutenant governor, | ||
| the speaker of the house of representatives, and the legislature an | ||
| electronic report describing information received by the office | ||
| under Subsection (b) for the period beginning July 1 of the previous | ||
| year and ending June 30 of the year in which the report is issued. | ||
| The report must provide the following in a searchable and sortable | ||
| format: | ||
| (1) for each appellate court decision reported, | ||
| information specifying: | ||
| (A) the caption; | ||
| (B) the case number; | ||
| (C) the court that issued the decision; and | ||
| (D) the current status of the case; | ||
| (2) a citation to each constitutional provision or | ||
| statute to which Subsection (b)(1), (2), (3), or (4) applies with an | ||
| indication of which subdivision applies; | ||
| (3) for a constitutional provision or statute to which | ||
| Subsection (b)(1) applies, identification of each federal law that | ||
| the appellate court determines is in conflict with the | ||
| constitutional provision or statute; | ||
| (4) for a statute to which Subsection (b)(2) applies, | ||
| identification of each provision of the Texas Constitution that the | ||
| appellate court determines is in conflict with the statute; and | ||
| (5) for each constitutional provision or statute | ||
| listed in the report that became law during the 40-year period | ||
| before the date of the report, identification of the applicable: | ||
| (A) legislative session; | ||
| (B) resolution or bill number; | ||
| (C) author; and | ||
| (D) sponsor. | ||
| (d) The office shall publish the report on the office's | ||
| Internet website. | ||
| SECTION 2. (a) The initial report required under Section | ||
| 22.306, Government Code, as added by this Act, shall describe | ||
| decisions issued by an appellate court for the period beginning on | ||
| the effective date of this Act and ending June 30, 2024. | ||
| (b) Not later than October 1, 2024, and in collaboration | ||
| with the Office of Court Administration of the Texas Judicial | ||
| System, the Texas Legislative Council shall use publicly available | ||
| reference materials to prepare an electronic report substantially | ||
| similar to the report required under Section 22.306(c), Government | ||
| Code, as added by this Act, for state appellate court decisions | ||
| beginning June 1, 2019, and ending on the effective date of this | ||
| Act. The council shall post the report on its Internet website and | ||
| notify the legislature of the report's availability. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
