By Wentworth                                          S.B. No. 1626
       74R8968 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to serving copies of certain court proceedings on the
    1-3  attorney general.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 37.006, Civil Practice and Remedies Code,
    1-6  is amended to read as follows:
    1-7        Sec. 37.006.  PARTIES.  (a)  When declaratory relief is
    1-8  sought, all persons who have or claim any interest that would be
    1-9  affected by the declaration must be made parties.  A declaration
   1-10  does not prejudice the rights of a person not a party to the
   1-11  proceeding.
   1-12        (b)  In any proceeding that involves the validity of a
   1-13  municipal ordinance or franchise, the municipality must be made a
   1-14  party and is entitled to be heard.
   1-15        (c)  In any proceeding in which a<, and if the> statute,
   1-16  ordinance, or franchise is alleged to be unconstitutional or in
   1-17  which a construction of the Texas Constitution is alleged to be
   1-18  controlling, the attorney general of the state must <also> be
   1-19  served with a copy of the proceeding and is entitled to be heard.
   1-20        SECTION 2.  This Act takes effect September 1, 1995, and
   1-21  applies only to a suit filed on or after that date.  A suit filed
   1-22  before the effective date of this Act is governed by the law as it
   1-23  existed immediately before the effective date of this Act, and that
   1-24  law is continued in effect for that purpose.
    2-1        SECTION 3.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.