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House Bill 2425 |
House Author: Thompson |
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Effective: 6-17-11 |
Senate Sponsor: Hegar |
House Bill 2425 amends the Government Code to require a court, in an action in which a party to the litigation files a petition, motion, or other pleading challenging the constitutionality of a Texas statute in which the attorney general is not involved, to serve notice of the constitutional question on the attorney general and to prohibit a court from entering a final judgment holding a Texas statute unconstitutional before the 45th day after the date the notice is served. The bill provides that a court's failure to file or serve such notice does not deprive the court of jurisdiction or forfeit a timely filed claim or defense based on the constitutional challenge. These provisions and the state's intervention in litigation in response to the notice do not constitute a waiver of sovereign immunity.