Bill Text: TX HB2425 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notice to the attorney general of challenges to the constitutionality of Texas statutes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2011-06-17 - Effective immediately [HB2425 Detail]
Download: Texas-2011-HB2425-Enrolled.html
| H.B. No. 2425 | ||
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| 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. Subchapter A, Chapter 402, Government Code, is | ||
| amended by adding Section 402.010 to read as follows: | ||
| Sec. 402.010. LEGAL CHALLENGES TO CONSTITUTIONALITY OF | ||
| STATE STATUTES. (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 court shall, if | ||
| the attorney general is not a party to or counsel involved in the | ||
| litigation, serve notice of the constitutional 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. | ||
| (b) A court may not enter a final judgment holding a statute | ||
| of this state unconstitutional before the 45th day after the date | ||
| notice required by Subsection (a) is served on the attorney | ||
| general. | ||
| (c) A court's failure to file or serve notice as required by | ||
| Subsection (a) does not deprive the court of jurisdiction or | ||
| forfeit an otherwise timely filed claim or defense based on the | ||
| challenge to the constitutionality of a statute of this state. | ||
| (d) This section or the state's intervention in litigation | ||
| in response to notice under this section does not constitute a | ||
| waiver of sovereign immunity. | ||
| SECTION 2. Section 402.010, Government Code, as added 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2425 was passed by the House on May | ||
| 11, 2011, by the following vote: Yeas 149, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2425 was passed by the Senate on May | ||
| 24, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
