By Duncan                                             H.B. No. 2291
       74R7152 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring notice for certain temporary restraining
    1-3  orders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter B, Chapter 65, Civil Practice and
    1-6  Remedies Code, is amended by adding Section 65.017 to read as
    1-7  follows:
    1-8        Sec. 65.017.  NOTICE REQUIRED FOR CERTAIN TEMPORARY
    1-9  RESTRAINING ORDERS.  (a)  A court may not issue a temporary
   1-10  restraining order against the state, a state agency, or a state
   1-11  official unless a notice of intent to seek the order is given to
   1-12  the office of the attorney general not later than two days before
   1-13  the date that the order is sought from the court.
   1-14        (b)  The notice of intent to seek a temporary restraining
   1-15  order must comply with the requirements of the Texas Rules of Civil
   1-16  Procedure relating to the filing and serving of pleadings and
   1-17  motions.
   1-18        SECTION 2.  This Act takes effect September 1, 1995, and
   1-19  applies only to a temporary restraining order associated with a
   1-20  cause of action that accrues on or after that date.
   1-21        SECTION 3.  The importance of this legislation and the
   1-22  crowded condition of the calendars in both houses create an
   1-23  emergency and an imperative public necessity that the
   1-24  constitutional rule requiring bills to be read on three several
    2-1  days in each house be suspended, and this rule is hereby suspended.