Texas Court Notice to Attorney General Amendment (2015)
| Not on Ballot |
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| This measure was not put on an election ballot |
The Texas Court Notice to Attorney General Amendment was not on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment. The measure, upon voter approval, would have required a court to provide notice to the Attorney General of a challenge to the constitutionality of a state statute. The measure would have also prescribed a “reasonable period” after the notice is provided during which the court may not rule the statute unconstitutional.[1]
The measure was introduced into the Texas Legislature by Sen. Judith Zaffirini (D-21) as Senate Joint Resolution 8.[2]
Text of measure
Ballot title
The proposed ballot title was:[1]
| “ | 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.[3] | ” |
Constitutional changes
- See also: Article 5, Texas Constitution
The proposed amendment would have added a Section 32 to Article 5 of the Texas Constitution. The following text would have been added by the proposed measure's approval:[1]
(1) require a court to provide notice to the attorney general of a challenge to the constitutionality of a statute of this state; and
(2) prescribe a reasonable period after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional.[3]
Support
Arguments
Sen. Judith Zaffirini (D-21), the amendment's author, explained why she proposed the measure, saying:
| “ | I filed SJR 8 to restore a vitally important provision of Texas procedural law, which recently was struck down by the Court of Criminal Appeals, that required a court to provide notice to the attorney general in a criminal case challenging the constitutionality of a Texas statute. If SJR 8 passes and is approved by the voters, a legislative enactment could not be held unconstitutional without the attorney general being notified. This would ensure the attorney general has an opportunity to intervene in the case and defend the measure enacted by Texas' popularly elected legislature.[3] | ” |
| —Sen. Judith Zaffirini[4] | ||
Path to the ballot
- See also: Amending the Texas Constitution
The proposed constitutional amendment was filed by Sen. Judith Zaffirini (D-21) as Senate Joint Resolution 8 on November 10, 2014.[2]
A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers. On May 12, 2015, the Texas Senate unanimously approved the amendment.[2] The measure was not approved by both chambers of the legislature.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Texas Legislature, "SJR No. 8," accessed November 17, 2014
- ↑ 2.0 2.1 2.2 Texas Legislature, "SJR No. 8 History," accessed November 17, 2014
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Texas Lawyer, "Constitutional Amendment Would Overturn TxCCA Case," May 18, 2015
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