Texas Senate Bill SJR8

Texas 2015 - 84th Regular

• Filed: 11/10/14

Caption

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.

Impact

If passed, SJR8 would modify Article V of the Texas Constitution by adding a new section that would empower lawmakers to influence how constitutional challenges are handled in the courts. The legislation aims to create a mechanism that could slow down judicial decisions regarding the constitutionality of state statutes, thus allowing the attorney general's office to prepare its defense more adequately. This could have significant implications for the balance of power between the legislative and judicial branches in Texas, particularly regarding the role of the attorney general in legal proceedings involving state laws.

Summary

SJR8 is a legislative proposal aimed at amending the Texas Constitution to authorize the state legislature to require courts to notify the attorney general when there is a challenge to the constitutionality of a state statute. Additionally, the amendment would allow the legislature to establish a waiting period during which a court cannot rule that a statute is unconstitutional. This proposed change seeks to enhance the oversight of the legislative process by ensuring that the attorney general is informed of legal challenges that could affect state laws.

Sentiment

Discussions surrounding SJR8 have revealed a mixed sentiment among legislators and the public. Proponents argue that the bill will protect state laws by providing an opportunity for the attorney general's office to intervene before a court can rule against a statute. They view this as a proactive measure to defend legislative actions. Opponents, however, express concerns that the proposed amendment could hinder judicial independence and lead to a more politicized judicial process, where the legislature may exert undue influence over court decisions regarding the constitutionality of state laws.

Contention

The primary point of contention regarding SJR8 centers on the implications for judicial review and constitutional rights. Critics argue that the mandatory notification and waiting period could infringe upon the judiciary's ability to provide immediate and necessary checks on potentially unconstitutional laws. There are fears that such a legislative measure may promote the interests of the state at the expense of individual rights and constitutional protections. The balance between legislative authority and judicial independence remains a significant factor in the ongoing debate about SJR8.