Relating to notice to the attorney general of an action, suit, or proceeding challenging the validity of a Texas statute or rule.
Impact
The implementation of HB 4293 is expected to strengthen the state's position in legal challenges against its statutes or regulations. By mandating that challengers notify the Attorney General, the bill potentially enhances the state's ability to gather evidence and present a robust defense in court. The bill is positioned as a mechanism to clarify the obligations of litigants seeking to challenge state laws, which could lead to more informed legal proceedings in matters concerning state legislation.
Summary
House Bill 4293 introduces a requirement for parties challenging the validity of state statutes or rules to notify the Texas Attorney General. This measure aims to ensure that the state can adequately defend its laws and regulations in court by allowing the Attorney General to intervene in legal disputes asserting such challenges. The bill specifies the procedures and timelines for providing this notification, thereby aiming to streamline the process of litigation against state statutes.
Contention
While proponents argue that this bill is a necessary step to defend Texas laws from judicial challenges effectively, there may be concerns about its implications for access to the courts. Critics might argue that such requirements could complicate the litigation process for individuals and entities contesting state laws, introducing additional bureaucratic steps that could deter legitimate challenges. The requirement of prior notice could be seen as a potential barrier to swift legal action against what might be viewed as wrongful or unconstitutional statutes.
Relating to the duties of court-appointed guardians ad litem, attorneys ad litem, and amicus attorneys in certain suits affecting the parent-child relationship.
Courts: juries; prospective jurors with certain criminal records and protected statuses; amend eligibility for service and peremptory challenges. Amends sec. 1307a of 1961 PA 236 (MCL 600.1307a) & adds secs. 1307b & 1356.