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A BILL TO BE ENTITLED
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AN ACT
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relating to appellate court procedures and deadlines in a civil |
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action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the "Appellate Court |
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Accountability Act." |
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SECTION 2. Section 22.001(b), Government Code, is amended |
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to read as follows: |
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(b) A case over which the court has jurisdiction under |
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Subsection (a) may be carried to the supreme court either by a |
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petition for review [writ of error] or by certificate from the court |
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of appeals, but the court of appeals may certify a question of law |
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arising in any of those cases at any time it chooses, either before |
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or after the decision of the case in that court. |
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SECTION 3. The heading to Section 22.007, Government Code, |
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is amended to read as follows: |
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Sec. 22.007. PETITION FOR REVIEW [APPLICATION FOR WRIT OF
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ERROR]. |
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SECTION 4. Section 22.007, Government Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (a-1) to |
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read as follows: |
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(a) The supreme court shall [may] act on petitions for |
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review as provided by this section [applications for writs of error
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when the court deems it expedient]. The chief justice shall enforce |
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the requirements of this section as provided by Section 22.0072. |
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The supreme court shall pass on a petition for review [an
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application for writ of error] in a case in which the justices of |
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the courts of appeals have disagreed or have declared void a statute |
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of the state. Subject to Subsection (a-1), the supreme court shall: |
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(1) deny a petition for review not later than the 90th |
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day after the date the petition is filed if the court does not |
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request a response to the petition; |
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(2) deny a petition for review not later than the 180th |
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day after the date the petition is filed if the court does not |
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request briefing on the petition; or |
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(3) grant or deny a petition for review not later than |
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the 300th day after the date the petition is filed if the court |
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requests briefing on the petition. |
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(a-1) The supreme court may place on hold a petition for |
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review if issues presented in the petition are related to the issues |
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presented in another case for which a petition for review has been |
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granted and a decision by the court is pending. The supreme court |
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shall: |
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(1) publish the names of the parties to the petitions |
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and the issues the supreme court has determined to be related; and |
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(2) grant or deny the petition for review placed on |
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hold not later than the 30th day after the date a decision has been |
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issued in the case for which the petition was placed on hold. |
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(e) The granting of a petition for review [an application
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for writ of error] admits the case into the supreme court, and the |
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supreme court shall proceed with the case as provided by law. The |
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refusal or dismissal of a petition for review [an application] has |
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the effect of denying the admission of the case into the supreme |
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court, except that a motion for rehearing may be made [to the
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designated justices in the same manner that a motion for rehearing
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to the supreme court is made]. The denial of a petition for review |
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may [refusal or dismissal of an application shall] not be regarded |
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as a precedent or authority. |
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SECTION 5. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Sections 22.0071 and 22.0072 to read as follows: |
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Sec. 22.0071. ISSUANCE OF DECISIONS. (a) In this section, |
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"term of court" means a state fiscal year beginning September 1 and |
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ending August 31. |
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(b) The supreme court shall issue a decision for all cases |
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in which the court grants a petition for review during the term of |
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court in which review was granted. Before the court adjourns for an |
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end-of-term recess, the chief justice shall certify that a decision |
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has been issued in all cases in which a petition for review was |
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granted during that term of court. |
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(c) If a petition for review is granted in June or later |
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during a term of court, the supreme court may, under extraordinary |
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circumstances, carry the decision into the next term of court. The |
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supreme court must state in the order granting the petition an |
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explanation of the nature of the extraordinary circumstance and |
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that the supreme court will issue a decision not later than December |
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31 of the next term of court. |
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Sec. 22.0072. ENFORCEMENT OF PROCEDURES AND DEADLINES. (a) |
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The supreme court shall adopt and publish written procedures that |
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allocate responsibilities to individual justices to assure the |
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supreme court's compliance with the procedures and deadlines |
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established by Sections 22.007 and 22.0071. |
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(b) The chief justice shall enforce the procedures and |
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deadlines established by this section and Sections 22.007 and |
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22.0071 and may: |
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(1) prohibit a justice who fails to comply with any |
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procedure that may result in the supreme court's failure to comply |
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with a requirement of this section or Section 22.007 or 22.0071 from |
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participating in future oral arguments until the justice complies |
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with the procedures and deadlines; |
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(2) reassign opinions to be authored by a noncompliant |
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justice; |
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(3) prohibit a noncompliant justice from |
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participating in a new case until the justice complies with the |
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procedures and deadlines; or |
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(4) refer a noncompliant justice to the State |
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Commission on Judicial Conduct. |
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SECTION 6. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Sections 22.229 and 22.230 to read as follows: |
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Sec. 22.229. PROCESSING CIVIL APPEALS. (a) Not later than |
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the 60th day after the date the final brief allowed by rule is filed |
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in a civil appeal, a court of appeals shall announce whether oral |
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argument has been granted. |
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(b) In a civil appeal in which a court of appeals has granted |
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oral argument, the court shall hold the oral argument not later than |
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the 120th day after the date the final brief allowed by rule is |
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filed. |
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(c) A court of appeals shall issue its decision in a civil |
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appeal not later than the 90th day after: |
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(1) the date of oral argument, if oral argument is |
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granted; or |
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(2) the date the court announces that oral argument is |
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denied. |
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Sec. 22.230. ENFORCEMENT OF CIVIL APPEAL PROCEDURES AND |
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DEADLINES. (a) Each court of appeals shall adopt and publish |
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written procedures that allocate responsibilities to individual |
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justices of the court to assure compliance with the court's |
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procedures and deadlines established by this section and Section |
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22.229. |
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(b) The chief justice of each court of appeals shall enforce |
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the procedures and deadlines established by this section and |
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Section 22.229 and may: |
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(1) prohibit a justice who fails to comply with a |
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requirement of this section or Section 22.229 from participating in |
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future oral arguments until the justice complies with the |
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procedures and deadlines; |
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(2) reassign opinions to be authored by a |
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noncompliant justice; or |
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(3) prohibit a noncompliant justice from |
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participating in a new case until the justice complies with the |
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procedures and deadlines. |
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(c) The chief justice of each court of appeals shall prepare |
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and submit to the chief justice of the supreme court a quarterly |
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report regarding the compliance of the court with the requirements |
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of this section and Section 22.229. |
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(d) The chief justice of the supreme court shall monitor the |
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compliance of each court of appeals with the requirements of this |
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section and Section 22.229 and may: |
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(1) prohibit the filing of additional civil appeals |
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with a court of appeals that is not in substantial compliance; and |
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(2) order the transfer of civil appeals to other |
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courts of appeal. |
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(e) If a court of appeals is prohibited from accepting new |
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civil appeals: |
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(1) the justices of that court of appeals are not |
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credited with state service for the period during which the court |
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may not accept new appeals; and |
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(2) the Legislative Budget Board and the governor |
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shall take action as provided by Chapter 317 to: |
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(A) reduce the budget of that court of appeals in |
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an amount proportional to the number of civil appeals that the court |
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would normally hear during the period the court may not hear new |
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civil appeals and that are transferred to a different court; and |
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(B) increase the budget of each court of appeals |
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to which a civil appeal is transferred in an amount proportional to |
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the number of civil appeals transferred to that court. |
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(f) The chief justice of the supreme court shall prepare an |
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annual report regarding the compliance of the courts of appeals |
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with this section and Section 22.229. Not later than January 31 of |
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each year, the chief justice shall file the report for the preceding |
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year with the governor, lieutenant governor, and speaker of the |
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house of representatives. The report must be made available to the |
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public. |
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SECTION 7. Sections 22.007(b), (c), (d), (f), and (g), |
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Government Code, are repealed. |
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SECTION 8. (a) Section 22.007, Government Code, as amended |
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by this Act, and Sections 22.0071 and 22.0072, Government Code, as |
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added by this Act, apply beginning on the effective date of this |
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Act. |
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(b) Sections 22.229 and 22.230, Government Code, as added by |
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this Act, apply only to a civil appeal filed on or after the |
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effective date of this Act. A civil appeal filed before the |
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effective date of this Act is governed by the law in effect at the |
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time the appeal was filed, and that law is continued in effect for |
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that purpose. |
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SECTION 9. Not later than the 180th day after the effective |
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date of this Act, the supreme court and the courts of appeals shall |
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adopt any changes to the courts' rules of practice and procedure |
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necessary to implement this Act. |
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SECTION 10. This Act takes effect September 1, 2015. |