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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

Senate Bill 392

Senate Author:  West

Effective:  9-1-13

House Sponsor:  Lewis


            Senate Bill 392 amends the Government Code to require a party that files a petition, motion, or other pleading challenging the constitutionality of a Texas statute to file with the court in which the action is pending a form the Office of Court Administration of the Texas Judicial System is required to adopt that indicates which pleading should be served on the attorney general by the court. The bill specifies that the court is required to serve notice of the constitutional challenge, rather than notice of the constitutional question, on the attorney general if the attorney general is not a party to or counsel involved in the litigation and removes the requirement that the notice identify the statute in question, state the basis for the challenge, and specify the petition, motion, or other pleading that raises the challenge.