Texas Supreme Court advisory
Contact: Osler McCarthy, staff attorney for public information
512.463.1441 or click for email
Tuesday, August 30, 2011
COURT REQUESTS NOTICE FROM PARTIES
WHEN STATUTE CHALLENGED AS UNCONSTITUTIONAL
Attorneys for parties challenging a Texas statute’s constitutionality should clearly notify the Texas Supreme Court in their pleadings of the challenge. The notice will help the Court comply with a new statutory obligation.
House Bill 2425 requires all courts, including the Supreme Court of Texas, to notify the Texas Attorney General’s Office when a “petition, motion or other pleading” challenges a statute as unconstitutional and the attorney general is not a party to or counsel involved in the case.
Final judgments in such cases cannot be entered until 45 days after notice to the attorney general has been given.