Bill Text: TX SJR6 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2017-05-25 - Filed with the Secretary of State [SJR6 Detail]

Download: Texas-2017-SJR6-Comm_Sub.html

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By: Zaffirini S.J.R. No. 6
(In the Senate - Filed November 14, 2016; January 25, 2017,
read first time and referred to Committee on State Affairs;
April 26, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 26, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.J.R. No. 6 By: Zaffirini

SENATE JOINT RESOLUTION
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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article V, Texas Constitution, is amended by
adding Section 32 to read as follows:
Sec. 32. Notwithstanding Section 1, Article II, of this
constitution, the legislature may:
(1) require a court in which a party to litigation
files a petition, motion, or other pleading challenging the
constitutionality of a statute of this state to provide notice to
the attorney general of the challenge if the party raising the
challenge notifies the court that the party is challenging the
constitutionality of the statute; and
(2) prescribe a reasonable period, which may not
exceed 45 days, after the provision of that notice during which the
court may not enter a judgment holding the statute
unconstitutional.
SECTION 2. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
with respect to the constitutional amendment proposed by the 85th
Legislature, Regular Session, 2017, 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, not to
exceed 45 days, before the court may enter a judgment holding the
statute unconstitutional.
(b) Section 402.010, Government Code, as added by Chapter
808 (H.B. 2425), Acts of the 82nd Legislature, Regular Session,
2011, and amended by Chapter 1162 (S.B. 392) and Chapter 1276 (H.B.
1435), Acts of the 83rd Legislature, Regular Session, 2013, is
validated and effective on approval of the constitutional amendment
described by Subsection (a) of this temporary provision and applies
only to a petition, motion, or other pleading filed on or after
January 1, 2018.
(c) This temporary provision expires January 2, 2018.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2017.
The ballot shall be printed to permit voting for or against the
proposition: "The 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."
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