85R837 CAE-F
By: Schofield, Thompson of Harris H.J.R. No. 45
A JOINT RESOLUTION
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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article V, Texas Constitution, is amended by
adding Section 32 to read as follows:
Sec. 32. Notwithstanding Section 1, Article II, the
legislature may:
(1) require a court to provide notice to the attorney
general of a challenge to the constitutionality of a statute of this
state; and
(2) prescribe a reasonable period after the provision
of that notice during which the court may not enter a judgment
holding the statute unconstitutional.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
with respect to the constitutional amendment proposed by the 85th
Legislature, Regular Session, 2017, 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.
(b) Section 402.010, Government Code, as added by Chapter
808 (H.B. 2425), Acts of the 82nd Legislature, Regular Session,
2011, and amended by Chapter 1162 (S.B. 392) and Chapter 1276 (H.B.
1435), Acts of the 83rd Legislature, Regular Session, 2013, is
validated and effective on approval of the constitutional amendment
described by Subsection (a) of this temporary provision and applies
only to a petition, motion, or other pleading filed on or after
January 1, 2018.
(c) This temporary provision expires January 2, 2018.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The 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."