Texas 2023 - 88th Regular

Texas House Bill HB4152

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the administration of a temporary restraining order under the Election Code.

Impact

If enacted, HB 4152 would formally modify the Election Code's provisions regarding temporary restraining orders related to election processes. This change could streamline the judicial process around election-related injunctions, potentially leading to swifter resolutions of disputes that might arise during elections. By establishing a direct communication route with the attorney general's office, the bill aims to facilitate better oversight and accountability of restraining orders linked to electoral matters.

Summary

House Bill 4152, proposed by Representative Schofield, aims to amend the administration of temporary restraining orders (TROs) under the Election Code of Texas. The bill specifies that any court issuing a TRO under the Election Code is required to submit a copy of that order to the office of the attorney general. This procedural change is intended to enhance the monitoring and regulation of such orders, ensuring that they are handled consistently and transparently across the state.

Sentiment

The sentiment surrounding HB 4152 appears to be cautiously supportive, particularly among legislators focused on election integrity and judicial transparency. Advocates believe this bill will help ensure that election-related orders are subject to appropriate governmental oversight, thereby increasing public confidence in the electoral process. However, some critics may view the additional requirement as bureaucratic and add unnecessary complexity to a process that needs to be responsive and agile during critical election periods.

Contention

Notable points of contention could arise around the implications of increased oversight by the attorney general's office. Opponents of tighter controls in election-related matters may argue that this could lead to delays in issuing TROs when urgent intervention is needed. Some may also feel that this requirement could inadvertently politicize the judiciary's handling of election disputes, particularly if perceptions arise that the attorney general's office could influence or interfere with the autonomy of court decisions.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 273. Criminal Investigation And Other Enforcement Proceedings
    • Section: New Section

Companion Bills

TX SB1909

Identical Relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.

Similar Bills

No similar bills found.