BILL ANALYSIS


                                                        S.B. 1626
                                                    By: Wentworth
                                                    Jurisprudence
                                                          4-20-95
                                     Committee Report (Unamended)
BACKGROUND

Section 37.006 of the Civil Practice and Remedies Code requires the
attorney general to be given notice and an opportunity to be heard
in a suit in which a statute, ordinance, or franchise is alleged to
be unconstitutional.  In a recent decision, the First District
Court of Appeals held that the attorney general was not required to
receive notice when a provision of the Texas Constitution is
directly at issue.

PURPOSE

As proposed, S.B. 1626 requires the attorney general to be given
notice and an opportunity to be heard in a suit in which a
construction of the Texas Constitution is alleged to be
controlling.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.006, Civil Practice and Remedies Code,
to require the attorney general to be served with a copy of the
proceeding and to entitle the attorney general to be heard in a
proceeding in which a construction of the Texas Constitution is
alleged to be controlling.

SECTION 2. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.