Article V, Section 32 of the Texas Constitution ("Legal Challenges to Constitutionality of State Statutes")

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Added November 7, 2017:

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.

Editor Comments

The ballot proposition that added this section validated the then-existing version of Section 402.010 of the Government Code.

And effectively overruled the Court of Criminal Appeals's recent decision in Ex parte Lo, 424 S.W.3d 10 (Tex.Crim.App. 2013).

Attorney Steve Smith

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