Texas Senate Bill SB392

Texas 2013 - 83rd Regular

Caption

Relating to notice to the attorney general of challenges to the constitutionality of Texas statutes.

Impact

The enactment of SB 392 impacts the legal atmosphere within Texas by ensuring that the Attorney General is kept apprised of significant constitutional challenges. This amendment aims to streamline the communication between the courts and the Attorney General's office, potentially allowing for more coherent legal strategies when defending state statutes. Furthermore, the requirement for a specified form to notify the Attorney General enhances the procedural clarity for litigants and legal practitioners.

Summary

Senate Bill 392 addresses the procedural requirements for notifying the Texas Attorney General when a party challenges the constitutionality of Texas statutes. The bill amends Section 402.010 of the Texas Government Code, specifying that any party filing a petition, motion, or other pleading questioning a statute's constitutionality must serve notice to the Attorney General if they are not already involved in the litigation. This serves as a significant procedural change in how constitutional challenges are communicated to the state's legal representatives.

Contention

While the bill passed without opposition, the implications of requiring notice to the Attorney General can lead to discussions about the attorney's role in litigation and the state's interest in constitutional matters. Although the bill appears straightforward, concerns may arise from parties who favor more autonomy in challenging statutes without mandatory notification, fearing this requirement may influence litigation strategies or deter challenges due to the increased visibility of such actions.

Final_notes

Ultimately, SB 392 represents a legislative effort to protect state interests by maintaining the Attorney General's involvement in constitutional challenges. The measure was unanimously supported in the House, indicating a broad consensus on the importance of having the state's legal representatives engaged in significant legal disputes that can affect the interpretation of Texas law.