John T. Floyd Law Firm
Houston Criminal Lawyer
"Serious Criminal Defense Throughout Texas"
Experienced Criminal Defense Lawyer
Trials, Sentencings and Appeals
Federal And State Criminal Defense
Phone # (713) 224-0101
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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.
Art. 54.02. Repealing Clause
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repealed.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repealed: 52; 52-1 through 52-161, both inclusive; 367D through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specific instances are not repealed by this Act.
(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.
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