By: West  S.B. No. 392
         (In the Senate - Filed February 5, 2013; February 13, 2013,
  read first time and referred to Committee on State Affairs;
  April 24, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 392 By:  Deuell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to notice to the attorney general of challenges to the
  constitutionality of Texas statutes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.010, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  In an action in which a party to the litigation files a
  petition, motion, or other pleading challenging the
  constitutionality of a statute of this state, the party shall file
  the form required by Subsection (a-1).  The court shall, if the
  attorney general is not a party to or counsel involved in the
  litigation, serve notice of the constitutional challenge 
  [question] and a copy of the petition, motion, or other pleading
  that raises the challenge on the attorney general either by
  certified or registered mail or electronically to an e-mail address
  designated by the attorney general for the purposes of this
  section[.   Notice under this section must identify the statute in
  question, state the basis for the challenge, and specify the
  petition, motion, or other pleading that raises the challenge].
         (a-1)  The Office of Court Administration of the Texas
  Judicial System shall adopt the form that a party challenging the
  constitutionality of a statute of this state must file with the
  court in which the action is pending indicating which pleading
  should be served on the attorney general in accordance with this
  section.
         SECTION 2.  Section 402.010, Government Code, as amended by
  this Act, applies only to a petition, motion, or other pleading
  filed in litigation on or after the effective date of this Act. A
  pleading filed in litigation before the effective date of this Act
  is governed by the law applicable to the pleading immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
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