Texas Senate Bill SB432

Texas 2017 - 85th Regular

Caption

Relating to a report identifying each provision of state law that has been declared unconstitutional by the United States Supreme Court.

Impact

By implementing this reporting requirement, SB 432 seeks to ensure that state law is not enforced where it has been deemed unconstitutional. It will require that prior to each regular legislative session, the Texas Legislative Council must submit a report that not only identifies these unconstitutional provisions but also includes draft legislation to amend them accordingly. This proactive approach is designed to prevent confusion among citizens and law enforcement regarding the enforceability of certain statutes, thus reinforcing the rule of law.

Summary

Senate Bill 432 aims to create a systematic process for identifying state laws that have been declared unconstitutional by the United States Supreme Court. This legislation mandates the Texas Legislative Council to execute a permanent program that continuously studies and catalogues statutes that have been overturned by the Supreme Court. Notably, this bill emphasizes the importance of maintaining an up-to-date understanding of the laws in effect within the state, thereby enhancing legal clarity and accountability.

Contention

Though the bill is aimed at enhancing governmental transparency and accountability, discussions surrounding it may raise concerns about the workload of the Texas Legislative Council, and the resources required for systematic reviews. Additionally, some legislators might argue over the necessity of the amendments suggested, particularly if they believe certain laws still serve a purpose despite their constitutional challenges. The requirement of including a citation to court decisions in the report may also lead to debates over the specific wording and implications of such citations.