Texas Senate Bill SJR6

Texas 2017 - 85th Regular

• Filed: 11/14/16

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, SJR6 would fundamentally alter the relationship between the judiciary and the legislature in Texas. By mandating that courts notify the Attorney General about constitutional challenges, the amendment could influence the dynamics of lawsuits against state statutes. The waiting period provision could delay the judicial process, affecting how swiftly legal disputes are resolved. This could have significant ramifications for the enforcement of laws and the responsiveness of the judiciary in cases involving the state’s interest.

Summary

SJR6 proposes a constitutional amendment that would allow the Texas legislature to require courts to notify the Attorney General whenever a party challenges the constitutionality of a state statute. This amendment seeks to establish a procedural framework for such challenges, including the imposition of a waiting period of up to 45 days before a court can rule on the constitutionality of the statute in question. The intent behind this proposal is to ensure that the state's legal executive is aware of disputes affecting state laws and to potentially reinforce legislative priorities in the face of judicial review.

Sentiment

The overall sentiment around SJR6 is mixed. Proponents argue that the bill provides a necessary check on judicial power by involving the Attorney General in constitutional matters. They contend that this could lead to more informed and consistent defenses of state laws. Conversely, critics express concerns that the bill may hinder judicial independence and extend the time it takes to resolve constitutional challenges. Some view the requirement for legislative notification as a potential tactic to intimidate or influence judicial outcomes.

Contention

Debates surrounding SJR6 primarily revolve around the implications of adding procedural layers to the process of challenging state laws. Supporters believe the involvement of the Attorney General is crucial for a robust defense of state statutes, whereas detractors fear that it could undermine the role of the judiciary and deter individuals from pursuing legitimate constitutional claims. Questions of separation of powers and the potential impact on civil liberties are central to the contention, making SJR6 a significant point of discussion within Texas legislative circles.