State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Code-of-criminal-procedure > Title-1-code-of-criminal-procedure > Chapter-54-miscellaneous-provisions




Art. 54.01. SEVERABILITY CLAUSE. If any provision, section or

clause of this Act or application thereof to any person or

circumstances is held invalid, such invalidity shall not affect

other provisions or applications hereof which can be given effect

without the invalid provision, section or clause, and to this end

the provisions of this Act are declared to be severable.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Sec. 1. (a) Except as otherwise provided in this Article 54.02,

all laws relating to criminal procedure in this State that are

not embraced, incorporated, or included in this Act and that have

not been enacted during the Regular Session of the 59th

Legislature are repealed.

(b) None of the following articles of the Code of Criminal

Procedure of Texas, 1925, in force on the effective date of this

Act, is repealed: 52; 52-1 through 52-161, both inclusive; 367D

through 367K, both inclusive; 781B-1, 781B-2; 944 through 951,

both inclusive; 1009 through 1035, both inclusive; 1037 through

1056, both inclusive; 1058 through 1064, both inclusive; and 1075

through 1082, both inclusive.

Sec. 2. (a) All laws and parts of laws relating to criminal

procedure omitted from this Act have been intentionally omitted,

and all additions to and changes in such procedure have been

intentionally made. This Act shall be construed to be an

independent Act of the Legislature, enacted under its caption,

and the articles contained in this Act, as revised, rewritten,

changed, combined, and codified, may not be construed as a

continuation of former laws except as otherwise provided in this

Act. The existing statutes of the Revised Civil Statutes of

Texas, 1925, as amended, and of the Penal Code of Texas, 1925, as

amended, which contain special or specific provisions of criminal

procedure covering specific instances are not repealed by this


(b) A person under recognizance or bond on the effective date of

this Act continues under such recognizance or bond pending final

disposition of any action pending against him.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 54.03. EMERGENCY CLAUSE. The fact that the laws relating to

criminal procedure in this State have not been completely revised

and re-codified in more than a century past and the further fact

that the administration of justice, in the field of criminal law,

has undergone changes, through judicial construction and

interpretation of constitutional provisions, which have been, in

certain instances, modified or nullified, as the case may be,

necessitates important changes requiring the revision or

modernization of the laws relating to criminal procedure, and the

further fact that it is desirous and desirable to strengthen, and

to conform, various provisions in such laws to current

interpretation and application, emphasizes the importance of this

legislation and all of which, together with the crowded condition

of the calendar in both Houses, create an emergency and an

imperative public necessity that the Constitutional Rule

requiring bills to be read on three several days be suspended,

and said Rule is hereby suspended, and that this Act shall take

effect and be in force and effect from and after 12 o'clock

Meridian on the 1st day of January, Anno Domini, 1966, and it is

so enacted.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.