88R14523 JON-D     By: Zaffirini S.B. No. 2299       A BILL TO BE ENTITLED   AN ACT   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.