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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. Sections 402.010(a) and (c), Government Code, |
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are amended to read as 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 [court] |
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shall, if the attorney general is not a party to or counsel involved |
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in the litigation, serve notice of the constitutional question and |
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a copy of the petition, motion, or other pleading that raises the |
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challenge on the attorney general either by certified or registered |
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mail or electronically to an e-mail address designated by the |
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attorney general for the purposes of this section. Notice under |
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this section must identify the statute in question, state the basis |
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for the challenge, and specify the petition, motion, or other |
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pleading that raises the challenge. |
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(c) A party's [court's] failure to file or serve notice as |
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required by Subsection (a) does not deprive the court of |
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jurisdiction or forfeit an otherwise timely filed claim or defense |
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based on the challenge to the constitutionality of a statute of this |
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state. |
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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. |