Bill Text: TX SJR6 | 2017-2018 | 85th Legislature | Enrolled

Texas Senate Joint Resolution 6 (Prior Session Legislation)

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.

Sponsorship: Bipartisan Bill

Status: (Enrolled - Dead) 2017-05-25 - Filed with the Secretary of State [SJR6 Detail]

Download: Texas-2017-SJR6-Enrolled.html



	S.J.R. No. 6




	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, of this
	constitution, the legislature may:
	(1) require a court in which a party to litigation
	files a petition, motion, or other pleading challenging the
	constitutionality of a statute of this state to provide notice to
	the attorney general of the challenge if the party raising the
	challenge notifies the court that the party is challenging the
	constitutionality of the statute; and
	(2) prescribe a reasonable period, which may not
	exceed 45 days, 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, not to
	exceed 45 days, 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."





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.J.R. No. 6 was adopted by the Senate
	on May 1, 2017, by the following vote: Yeas 30, Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.J.R. No. 6 was adopted by the House
	on May 23, 2017, by the following vote: Yeas 136, Nays 9, two
	present not voting.


	______________________________
	Chief Clerk of the House