| 1 | 1 | | By: Schoolcraft H.B. No. 1317 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to authorizing the attorney general to petition the chief |
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| 9 | 9 | | justice of the supreme court to convene a special three-judge |
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| 10 | 10 | | district court in certain circumstances. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | Section 22A.001, Government Code, is amended by amending |
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| 13 | 13 | | Subsection (a) to read as follows: |
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| 14 | 14 | | Sec. 22A.001. ELIGIBLE PROCEEDINGS. (a) The attorney |
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| 15 | 15 | | general may petition the chief justice of the supreme court to |
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| 16 | 16 | | convene a special three-judge district court in any suit filed in a |
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| 17 | 17 | | district court in this state in which this state or a state officer |
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| 18 | 18 | | or agency is a defendant in a claim that: |
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| 19 | 19 | | (1) challenges the finances or operations of this |
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| 20 | 20 | | state's public school system, including a challenge to |
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| 21 | 21 | | accountability under Chapter 39, Subchapters C, D, and F, Education |
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| 22 | 22 | | Code; or |
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| 23 | 23 | | (2) involves the apportionment of districts for the |
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| 24 | 24 | | house of representatives, the senate, the State Board of Education, |
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| 25 | 25 | | or the United States Congress, or state judicial districts. |
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| 26 | 26 | | (b) A petition filed by the attorney general under this |
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| 27 | 27 | | section stays all proceedings in the district court in which the |
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| 28 | 28 | | original case was filed until the chief justice of the supreme court |
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| 29 | 29 | | acts on the petition. |
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| 30 | 30 | | (c) Within a reasonable time after receipt of a petition |
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| 31 | 31 | | from the attorney general under Subsection (a), the chief justice |
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| 32 | 32 | | of the supreme court shall grant the petition and issue an order |
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| 33 | 33 | | transferring the case to a special three-judge district court |
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| 34 | 34 | | convened as provided by Section 22A.002. |
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| 35 | 35 | | SECTION 8. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2025. |
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