Texas Government Code

§ 22.004 — RULES OF CIVIL PROCEDURE

GV § 22.004Title 2. JUDICIAL BRANCH · Part A. COURTS · Ch. 22. APPELLATE COURTS · Art. A. SUPREME COURT

Statute text

(a)The supreme court has the full rulemaking power in the practice and procedure in civil actions, except that its rules may not abridge, enlarge, or modify the substantive rights of a litigant.

(b)The supreme court from time to time may promulgate a specific rule or rules of civil procedure, or an amendment or amendments to a specific rule or rules, to be effective at the time the supreme court deems expedient in the interest of a proper administration of justice. The rules and amendments to rules remain in effect unless and until disapproved by the legislature. The clerk of the supreme court shall file with the secretary of state the rules or amendments to rules promulgated by the supreme court under this subsection and shall provide a copy of those rules or amendments to rules to each registered member of the State Bar of Texas not later than the 60th day before the date on which they become effective. On receiving a written request from a member of the legislature, the secretary of state shall provide the member with electronic notifications when the supreme court has promulgated rules or amendments to rules under this section.

(c)To ensure the supreme court has full rulemaking power in civil actions, all laws and parts of laws governing practice and procedure in civil actions enacted before May 15, 1939, are repealed, subject to Subsection (c-1). This subsection does not repeal a substantive law. (c-1) A law or part of a law described by Subsection (c) is not superseded until the supreme court adopts a rule that governs the subject matter of the law or part of a law. (c-2) At the time the supreme court files a rule, the court shall file with the secretary of state a list of each article or section of general law or each part of an article or section of general law that is superseded under Subsection (c-1). The list has the same weight and effect as a decision of the court.

(d)The rules of practice and procedure in civil actions shall be published in the official reports of the supreme court. The supreme court may adopt the method it deems expedient for the printing and distribution of the rules.

(e)This section does not affect the repeal of statutes repealed by Chapter 25, page 201, General Laws, Acts of the 46th Legislature, Regular Session, 1939, on September 1, 1941.

(f)The supreme court shall adopt rules governing the electronic filing of documents in civil cases in justice of the peace courts.

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 63 (S.B. 237), Sec. 1, eff. May 11, 2007. Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 1.01, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 2.01, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 906 (S.B. 791), Sec. 1, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 868 (H.B. 2776), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 696 (S.B. 2342), Sec. 1, eff. September 1, 2020. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 2.01, eff. December 4, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.01, eff. December 4, 2025.