1-1 By: Wentworth S.B. No. 1626
1-2 (In the Senate - Filed March 28, 1995; March 29, 1995, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 19, 1995, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 19, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to serving copies of certain court proceedings on the
1-9 attorney general.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 37.006, Civil Practice and Remedies Code,
1-12 is amended to read as follows:
1-13 Sec. 37.006. PARTIES. (a) When declaratory relief is
1-14 sought, all persons who have or claim any interest that would be
1-15 affected by the declaration must be made parties. A declaration
1-16 does not prejudice the rights of a person not a party to the
1-17 proceeding.
1-18 (b) In any proceeding that involves the validity of a
1-19 municipal ordinance or franchise, the municipality must be made a
1-20 party and is entitled to be heard.
1-21 (c) In any proceeding in which a<, and if the> statute,
1-22 ordinance, or franchise is alleged to be unconstitutional or in
1-23 which a construction of the Texas Constitution is alleged to be
1-24 controlling, the attorney general of the state must <also> be
1-25 served with a copy of the proceeding and is entitled to be heard.
1-26 SECTION 2. This Act takes effect September 1, 1995, and
1-27 applies only to a suit filed on or after that date. A suit filed
1-28 before the effective date of this Act is governed by the law as it
1-29 existed immediately before the effective date of this Act, and that
1-30 law is continued in effect for that purpose.
1-31 SECTION 3. The importance of this legislation and the
1-32 crowded condition of the calendars in both houses create an
1-33 emergency and an imperative public necessity that the
1-34 constitutional rule requiring bills to be read on three several
1-35 days in each house be suspended, and this rule is hereby suspended.
1-36 * * * * *