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 | |
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| 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." | ||
