| 1 | 1 | | 85R837 CAE-F |
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| 2 | 2 | | By: Schofield, Thompson of Harris H.J.R. No. 45 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment authorizing the legislature |
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| 7 | 7 | | to require a court to provide notice to the attorney general of a |
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| 8 | 8 | | challenge to the constitutionality of a state statute and |
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| 9 | 9 | | authorizing the legislature to prescribe a waiting period before |
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| 10 | 10 | | the court may enter a judgment holding the statute |
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| 11 | 11 | | unconstitutional. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article V, Texas Constitution, is amended by |
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| 14 | 14 | | adding Section 32 to read as follows: |
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| 15 | 15 | | Sec. 32. Notwithstanding Section 1, Article II, the |
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| 16 | 16 | | legislature may: |
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| 17 | 17 | | (1) require a court to provide notice to the attorney |
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| 18 | 18 | | general of a challenge to the constitutionality of a statute of this |
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| 19 | 19 | | state; and |
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| 20 | 20 | | (2) prescribe a reasonable period after the provision |
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| 21 | 21 | | of that notice during which the court may not enter a judgment |
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| 22 | 22 | | holding the statute unconstitutional. |
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| 23 | 23 | | SECTION 2. The following temporary provision is added to |
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| 24 | 24 | | the Texas Constitution: |
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| 25 | 25 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 26 | 26 | | with respect to the constitutional amendment proposed by the 85th |
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| 27 | 27 | | Legislature, Regular Session, 2017, authorizing the legislature to |
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| 28 | 28 | | require a court to provide notice to the attorney general of a |
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| 29 | 29 | | challenge to the constitutionality of a state statute and |
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| 30 | 30 | | authorizing the legislature to prescribe a waiting period before |
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| 31 | 31 | | the court may enter a judgment holding the statute |
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| 32 | 32 | | unconstitutional. |
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| 33 | 33 | | (b) Section 402.010, Government Code, as added by Chapter |
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| 34 | 34 | | 808 (H.B. 2425), Acts of the 82nd Legislature, Regular Session, |
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| 35 | 35 | | 2011, and amended by Chapter 1162 (S.B. 392) and Chapter 1276 (H.B. |
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| 36 | 36 | | 1435), Acts of the 83rd Legislature, Regular Session, 2013, is |
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| 37 | 37 | | validated and effective on approval of the constitutional amendment |
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| 38 | 38 | | described by Subsection (a) of this temporary provision and applies |
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| 39 | 39 | | only to a petition, motion, or other pleading filed on or after |
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| 40 | 40 | | January 1, 2018. |
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| 41 | 41 | | (c) This temporary provision expires January 2, 2018. |
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| 42 | 42 | | SECTION 3. This proposed constitutional amendment shall be |
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| 43 | 43 | | submitted to the voters at an election to be held November 7, 2017. |
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| 44 | 44 | | The ballot shall be printed to permit voting for or against the |
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| 45 | 45 | | proposition: "The constitutional amendment authorizing the |
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| 46 | 46 | | legislature to require a court to provide notice to the attorney |
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| 47 | 47 | | general of a challenge to the constitutionality of a state statute |
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| 48 | 48 | | and authorizing the legislature to prescribe a waiting period |
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| 49 | 49 | | before the court may enter a judgment holding the statute |
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| 50 | 50 | | unconstitutional." |
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