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proposing a constitutional amendment authorizing the legislature |
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to require a court to provide notice to the attorney general of a |
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challenge to the constitutionality of a state statute and |
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authorizing the legislature to prescribe a waiting period before |
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the court may enter a judgment holding the statute |
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unconstitutional. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article V, Texas Constitution, is amended by |
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adding Section 32 to read as follows: |
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Sec. 32. Notwithstanding Section 1, Article II, of this |
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constitution, the legislature may: |
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(1) require a court in which a party to litigation |
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files a petition, motion, or other pleading challenging the |
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constitutionality of a statute of this state to provide notice to |
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the attorney general of the challenge if the party raising the |
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challenge notifies the court that the party is challenging the |
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constitutionality of the statute; and |
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(2) prescribe a reasonable period, which may not |
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exceed 45 days, after the provision of that notice during which the |
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court may not enter a judgment holding the statute |
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unconstitutional. |
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SECTION 2. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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with respect to the constitutional amendment proposed by the 85th |
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Legislature, Regular Session, 2017, authorizing the legislature to |
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require a court to provide notice to the attorney general of a |
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challenge to the constitutionality of a state statute and |
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authorizing the legislature to prescribe a waiting period, not to |
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exceed 45 days, before the court may enter a judgment holding the |
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statute unconstitutional. |
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(b) Section 402.010, Government Code, as added by Chapter |
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808 (H.B. 2425), Acts of the 82nd Legislature, Regular Session, |
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2011, and amended by Chapter 1162 (S.B. 392) and Chapter 1276 (H.B. |
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1435), Acts of the 83rd Legislature, Regular Session, 2013, is |
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validated and effective on approval of the constitutional amendment |
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described by Subsection (a) of this temporary provision and applies |
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only to a petition, motion, or other pleading filed on or after |
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January 1, 2018. |
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(c) This temporary provision expires January 2, 2018. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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legislature to require a court to provide notice to the attorney |
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general of a challenge to the constitutionality of a state statute |
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and authorizing the legislature to prescribe a waiting period |
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before the court may enter a judgment holding the statute |
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unconstitutional." |