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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to the attorney general of challenges to the |
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constitutionality of Texas statutes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 402.010, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) In an action in which a party to the litigation files a |
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petition, motion, or other pleading challenging the |
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constitutionality of a statute of this state, the party shall file |
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the form required by Subsection (a-1). The court shall, if the |
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attorney general is not a party to or counsel involved in the |
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litigation, serve notice of the constitutional challenge |
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[question] and a copy of the petition, motion, or other pleading |
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that raises the challenge on the attorney general either by |
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certified or registered mail or electronically to an e-mail address |
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designated by the attorney general for the purposes of this |
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section[.
Notice under this section must identify the statute in
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question, state the basis for the challenge, and specify the
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petition, motion, or other pleading that raises the challenge]. |
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(a-1) The Office of Court Administration of the Texas |
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Judicial System shall adopt the form that a party challenging the |
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constitutionality of a statute of this state must file with the |
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court in which the action is pending indicating which pleading |
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should be served on the attorney general in accordance with this |
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section. |
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SECTION 2. Section 402.010, Government Code, as amended by |
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this Act, applies only to a petition, motion, or other pleading |
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filed in litigation on or after the effective date of this Act. A |
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pleading filed in litigation before the effective date of this Act |
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is governed by the law applicable to the pleading immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |