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| 2 | + | (In the Senate - Filed November 25, 2024; February 3, 2025, |
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| 3 | + | read first time and referred to Committee on State Affairs; |
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| 4 | + | March 17, 2025, reported favorably by the following vote: Yeas 11, |
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| 5 | + | Nays 0; March 17, 2025, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 7 | | |
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5 | 8 | | |
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6 | 9 | | A BILL TO BE ENTITLED |
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7 | 10 | | AN ACT |
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8 | 11 | | relating to requiring notice to the attorney general in an action |
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9 | 12 | | under the Election Code seeking a temporary restraining order. |
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10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 14 | | SECTION 1. The heading to Subchapter E, Chapter 273, |
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12 | 15 | | Election Code, is amended to read as follows: |
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13 | 16 | | SUBCHAPTER E. INJUNCTION OR RESTRAINING ORDER |
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14 | 17 | | SECTION 2. Subchapter E, Chapter 273, Election Code, is |
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15 | 18 | | amended by adding Section 273.082 to read as follows: |
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16 | | - | Sec. 273.082. TEMPORARY RESTRAINING ORDER; NOTICE. (a) As |
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17 | | - | soon as practicable before a hearing in an action under this code |
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18 | | - | seeking a temporary restraining order, a court must electronically |
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19 | | - | notify the attorney general of the hearing at the e-mail address |
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20 | | - | designated under Subsection (e). |
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21 | | - | (b) Except as provided by Subsection (c), a court may not |
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22 | | - | hold a hearing described by Subsection (a) sooner than two hours |
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23 | | - | after the court provides notice to the attorney general under |
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24 | | - | Subsection (a). |
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25 | | - | (c) The attorney general may, after receiving notice under |
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26 | | - | Subsection (a), waive the requirement of Subsection (b). |
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27 | | - | (d) A court shall allow the attorney general to participate |
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28 | | - | remotely in a hearing in an action under this code seeking a |
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29 | | - | temporary restraining order, using any reasonably available |
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30 | | - | method. |
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31 | | - | (e) The attorney general shall designate an e-mail address |
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32 | | - | at which to receive a notice under this section. |
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33 | | - | (f) A temporary restraining order issued in violation of |
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34 | | - | this section is void and unenforceable. |
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| 19 | + | Sec. 273.082. TEMPORARY RESTRAINING ORDER; NOTICE. As soon |
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| 20 | + | as practicable before a hearing in an action under this code seeking |
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| 21 | + | a temporary restraining order, a court must notify the attorney |
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| 22 | + | general of the hearing. |
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