Bill Text: TX HJR45 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Proposing a constitutional amendment authorizing the legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-05-05 - Considered in Calendars [HJR45 Detail]

Download: Texas-2017-HJR45-Comm_Sub.html
  85R837 CAE-F
 
  By: Schofield, Thompson of Harris H.J.R. No. 45
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the legislature
  to require a court to provide notice to the attorney general of a
  challenge to the constitutionality of a state statute and
  authorizing the legislature to prescribe a waiting period before
  the court may enter a judgment holding the statute
  unconstitutional.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article V, Texas Constitution, is amended by
  adding Section 32 to read as follows:
         Sec. 32.  Notwithstanding Section 1, Article II, the
  legislature may:
               (1)  require a court to provide notice to the attorney
  general of a challenge to the constitutionality of a statute of this
  state; and 
               (2)  prescribe a reasonable period after the provision
  of that notice during which the court may not enter a judgment
  holding the statute unconstitutional.
         SECTION 2.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  with respect to the constitutional amendment proposed by the 85th
  Legislature, Regular Session, 2017, authorizing the legislature to
  require a court to provide notice to the attorney general of a
  challenge to the constitutionality of a state statute and
  authorizing the legislature to prescribe a waiting period before
  the court may enter a judgment holding the statute
  unconstitutional.
         (b)  Section 402.010, Government Code, as added by Chapter
  808 (H.B. 2425), Acts of the 82nd Legislature, Regular Session,
  2011, and amended by Chapter 1162 (S.B. 392) and Chapter 1276 (H.B.
  1435), Acts of the 83rd Legislature, Regular Session, 2013, is
  validated and effective on approval of the constitutional amendment
  described by Subsection (a) of this temporary provision and applies
  only to a petition, motion, or other pleading filed on or after
  January 1, 2018.
         (c)  This temporary provision expires January 2, 2018.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2017.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment authorizing the
  legislature to require a court to provide notice to the attorney
  general of a challenge to the constitutionality of a state statute
  and authorizing the legislature to prescribe a waiting period
  before the court may enter a judgment holding the statute
  unconstitutional."
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