Relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.
Summary
SB 509 amends the Texas Election Code to require courts to give the attorney general electronic notice before hearing an application for a temporary restraining order in an election-code case. The bill also requires the court to allow the attorney general to participate remotely in that hearing, and generally bars the hearing from taking place until at least one hour after notice is provided, unless the attorney general waives that waiting period.
The bill further provides that any temporary restraining order issued in violation of these notice and timing requirements is void and unenforceable. It takes effect September 1, 2025, and applies to actions under the Election Code seeking temporary restraining orders, making the attorney general a required participant in the earliest stage of such litigation.
Impact
SB 509 changes procedural rules in the Election Code by adding a new notice-and-participation requirement for temporary restraining order hearings. It affects courts handling election-related emergency relief, the attorney general’s office, and parties seeking immediate injunctive relief in election disputes. By making noncompliant TROs void and unenforceable, the bill creates a strong enforcement mechanism and may delay or alter the timing of emergency court orders in election cases.
Sentiment
The bill appears to have received enough support to pass both chambers, but with notable opposition in each chamber, suggesting a divided response. Senate and House votes show repeated approval of the measure and the conference report, yet the nays were substantial, indicating concern about the bill’s effect on emergency judicial relief in election matters. The absence of committee transcript detail limits insight into specific arguments, but the voting pattern suggests the bill was supported as a procedural safeguard by some and viewed skeptically by others.
Contention
The main point of contention is the requirement that courts notify the attorney general and wait at least one hour before hearing a temporary restraining order request in an Election Code case. Supporters likely view this as ensuring the state has an opportunity to be heard in election litigation, while opponents may see it as an added hurdle that could slow urgent judicial relief and advantage the state in disputes over election administration. The provision making any TRO issued without compliance void and unenforceable is especially significant and likely to have been a focal point of debate.