S.B. No. 392
 
 
 
 
AN ACT
  relating to notice to the attorney general of challenges to the
  constitutionality of Texas statutes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 402.010, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  In an action in which a party to the litigation files a
  petition, motion, or other pleading challenging the
  constitutionality of a statute of this state, the party shall file
  the form required by Subsection (a-1).  The court shall, if the
  attorney general is not a party to or counsel involved in the
  litigation, serve notice of the constitutional challenge 
  [question] and a copy of the petition, motion, or other pleading
  that raises the challenge on the attorney general either by
  certified or registered mail or electronically to an e-mail address
  designated by the attorney general for the purposes of this
  section[.   Notice under this section must identify the statute in
  question, state the basis for the challenge, and specify the
  petition, motion, or other pleading that raises the challenge].
         (a-1)  The Office of Court Administration of the Texas
  Judicial System shall adopt the form that a party challenging the
  constitutionality of a statute of this state must file with the
  court in which the action is pending indicating which pleading
  should be served on the attorney general in accordance with this
  section.
         SECTION 2.  Section 402.010, Government Code, as amended by
  this Act, applies only to a petition, motion, or other pleading
  filed in litigation on or after the effective date of this Act. A
  pleading filed in litigation before the effective date of this Act
  is governed by the law applicable to the pleading immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 392 passed the Senate on
  April 29, 2013, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 392 passed the House, with
  amendment, on May 22, 2013, by the following vote: Yeas 148,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor