By: Turner S.B. No. 1574
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the requirement of notice for temporary restraining
1-2 orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 65, Civil Practice and Remedies Code, is
1-5 amended by adding Section 65.017 to read as follows:
1-6 Sec. 65.017. NOTICE REQUIRED FOR TEMPORARY RESTRAINING
1-7 ORDERS. No temporary restraining order shall be issued against the
1-8 state, any state agency, or any state official without notice. A
1-9 notice of intent to seek a temporary restraining order against the
1-10 ste, any state agency, or any state official shall be provided to
1-11 the Office of the Attorney General at least 2 calendar days before
1-12 any temporary restraining order is sought. The notice of intent to
1-13 seek a temporary restraining order shall comply with the
1-14 requirements of the Texas Rules of Civil Procedure relating to the
1-15 methods of filing and serving pleadings and motions.
1-16 SECTION 2. The changes in law made by this Act apply only to
1-17 a cause of action that accrues on or after the effective date of
1-18 this Act. A cause of action that accrues before the effective date
1-19 of this Act is governed by the law in effect on the date the cause
1-20 of action accrued, and that law is continued in effect for this
1-21 purpose.
1-22 SECTION 3. EFFECTIVE DATE. This Act takes effect September
1-23 1, 1995.
2-1 SECTION 4. SEVERABILITY. If any section, sentence, clause,
2-2 or part of this Act shall, for any reason, be held invalid, such
2-3 invalidity shall not affect the remaining portions of the Act, and
2-4 it is hereby declared to be the intention of this legislature to
2-5 have passed each section, sentence, clause, or part irrespective of
2-6 the fact that any other section, sentence, clause, or part may be
2-7 declared invalid.
2-8 SECTION 5. EMERGENCY. The importance of this legislation
2-9 and the crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.