A party challenging a Texas statute’s constitutionality must file the required form, and the court must notify the attorney general unless the attorney general is already involved.
Sec. 402.010. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. (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 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. (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. (b) A court may not enter a final judgment holding a statute of this state unconstitutional before the 45th day after the date notice required by Subsection (a) is served on the attorney general. (c) A party's failure to file as required by Subsection (a) or a court's failure to serve notice as required by Subsection (a) does not deprive the court of jurisdiction or forfeit an otherwise timely filed claim or defense based on the challenge to the constitutionality of a statute of this state. (d) This section or the state's intervention in litigation in response to notice under this section does not constitute a waiver of sovereign immunity. (e) The attorney general may assert legislative privilege on behalf of the state or a state agency or official during discovery, hearing, or trial in an action described by this section unless asserting the privilege would create a conflict in the attorney general's representation of the state or a state agency or official. (f) The attorney general has 30 days from the date legislative privilege is asserted under Subsection (e) to provide evidence of representation of the state or a state agency or official who may properly assert the privilege. The provision of evidence of that representation on or before that date establishes the attorney general's authority to assert legislative privilege under Subsection (e). (g) The attorney general's authority under Subsection (e) is not exclusive and does not affect another person's ability to assert legislative privilege in any matter. Added by Acts 2011, 82nd Leg., R.S., Ch. 808 (H.B. 2425), Sec. 1, eff. June 17, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1162 (S.B. 392), Sec. 1, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1276 (H.B. 1435), Sec. 4, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 830 (S.B. 1433), Sec. 1, eff. September 1, 2025. SUBCHAPTER B. DUTIES