| 1 | 1 | | 83R29016 TJS-F |
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| 2 | 2 | | By: West S.B. No. 392 |
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| 3 | 3 | | (Lewis) |
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| 4 | 4 | | Substitute the following for S.B. No. 392: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to notice to the attorney general of challenges to the |
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| 10 | 10 | | constitutionality of Texas statutes. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 402.010, Government Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (a) In an action in which a party to the litigation files a |
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| 16 | 16 | | petition, motion, or other pleading challenging the |
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| 17 | 17 | | constitutionality of a statute of this state, the party shall file |
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| 18 | 18 | | the form required by Subsection (a-1). The court shall, if the |
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| 19 | 19 | | attorney general is not a party to or counsel involved in the |
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| 20 | 20 | | litigation, serve notice of the constitutional challenge |
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| 21 | 21 | | [question] and a copy of the petition, motion, or other pleading |
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| 22 | 22 | | that raises the challenge on the attorney general either by |
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| 23 | 23 | | certified or registered mail or electronically to an e-mail address |
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| 24 | 24 | | designated by the attorney general for the purposes of this |
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| 25 | 25 | | section[. Notice under this section must identify the statute in |
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| 26 | 26 | | question, state the basis for the challenge, and specify the |
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| 27 | 27 | | petition, motion, or other pleading that raises the challenge]. |
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| 28 | 28 | | (a-1) The Office of Court Administration of the Texas |
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| 29 | 29 | | Judicial System shall adopt the form that a party challenging the |
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| 30 | 30 | | constitutionality of a statute of this state must file with the |
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| 31 | 31 | | court in which the action is pending indicating which pleading |
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| 32 | 32 | | should be served on the attorney general in accordance with this |
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| 33 | 33 | | section. |
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| 34 | 34 | | SECTION 2. Section 402.010, Government Code, as amended by |
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| 35 | 35 | | this Act, applies only to a petition, motion, or other pleading |
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| 36 | 36 | | filed in litigation on or after the effective date of this Act. A |
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| 37 | 37 | | pleading filed in litigation before the effective date of this Act |
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| 38 | 38 | | is governed by the law applicable to the pleading immediately |
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| 39 | 39 | | before the effective date of this Act, and that law is continued in |
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| 40 | 40 | | effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2013. |
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