JD Key Consulting Logo
Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB509

Regular Session

Relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.

Government Affairs & Regulatory Compliance Analysis

SB509: Government Affairs Overview

Effective September 1, 2025, SB 509 eliminates the ability to obtain immediate, ex parte Temporary Restraining Orders (TROs) under the Texas Election Code without State involvement. The law mandates that the Court notify the Attorney General and observe a strict one-hour waiting period before a hearing; failure to comply renders any resulting court order statutorily void and unenforceable, creating significant liability for businesses or PACs acting on invalid injunctions.

Sen. Paul Bettencourt·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

SB509
Moderate
Relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Office of the Attorney GeneralTexas Civil Courts
Primary Author: Sen. Paul Bettencourt
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Applies to all actions filed on or after this date).
  • Agency Rulemaking: The Office of the Attorney General (OAG) must designate and publish an official email address for service prior to the effective date. Watch for this publication in August 2025.

Immediate Action Plan

  • Update Litigation Playbooks: Insert a "Stop-Gate" in emergency filing procedures requiring AG notification and a 60-minute hold.
  • Monitor OAG Publications: Assign a compliance officer to identify and verify the designated AG email address in August 2025.
  • Audit Insurance: Verify that outside counsel carries malpractice insurance sufficient to cover damages resulting from a voided TRO.
  • Prepare Draft Notices: Have pre-drafted notification templates ready for the Judge to send to the AG to minimize administrative delay at the courthouse.

Operational Changes Required

Contracts

  • Outside Counsel Engagement Letters: Amend agreements for election law matters to explicitly require adherence to Texas Election Code Sec. 273.082.
  • Settlement Agreements: For disputes involving injunctive relief, include representations and warranties confirming that underlying TROs met the notice and waiting period requirements to ensure the settlement is binding.

Hiring/Training

  • Litigation Teams: Train in-house and outside counsel that "emergency" election filings now have a mandatory 60-minute delay.
  • IT/Technical Support: Ensure legal teams are equipped to facilitate remote participation (Zoom/Teams) for the Attorney General, as the statute mandates the Court allow this.

Reporting & Record-Keeping

  • Proof of Notice: Litigation files must contain a copy of the electronic notice sent to the AG with a visible timestamp.
  • The "61-Minute" Record: Court transcripts or docket entries must affirmatively show the hearing commenced at least one hour *after* the email timestamp.
  • Waiver Documentation: If the AG waives the waiting period, obtain a written waiver or ensure it is read clearly into the court record.

Fees & Costs

  • Direct Costs: None. No new filing fees are introduced.
  • Indirect Costs: Potential increase in legal fees due to extended hearing preparation and the procedural requirement to facilitate AG participation.

Strategic Ambiguities & Considerations

  • The "Designated" Email Address: The statute relies on the AG designating an email address. If the OAG fails to widely publish this address or changes it without notice, it creates a procedural trap.
  • "As Soon As Practicable": The statute requires notice "as soon as practicable." A court clerk's delay in sending the email could technically invalidate an order if challenged, even if the one-hour wait is observed.
  • Technical Failures: If a rural court's teleconferencing system fails and the AG is unable to participate remotely, a defendant could argue the resulting order is void due to a violation of the statutory right to participate.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 25, 2024
Passed Senate
Mar 24, 2025
Passed House
May 7, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsCourtsCourts--generalElectionsElections--generalEmail & Electronic CommunicationsTeleconferencingVideoconferencingAttorney General
03

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author
Joint Authors
Coauthors (1)

House Sponsor

Rep. Mike SchofieldRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Paul Bettencourt

View all bills by Sen. Paul Bettencourt

Related by Topic

View more Courts legislation
Quick Reference

Frequently Asked Questions

Common questions about SB509

Q

What does Texas SB509 do?

Effective September 1, 2025, SB 509 eliminates the ability to obtain immediate, ex parte Temporary Restraining Orders (TROs) under the Texas Election Code without State involvement. The law mandates that the Court notify the Attorney General and observe a strict one-hour waiting period before a hearing; failure to comply renders any resulting court order statutorily void and unenforceable, creating significant liability for businesses or PACs acting on invalid injunctions.

Q

Who authored SB509?

SB509 was authored by Texas Senator Paul Bettencourt during the Regular Session.

Q

When was SB509 signed into law?

SB509 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB509?

SB509 is enforced by Office of the Attorney General and Texas Civil Courts (Judiciary).

Q

How significant are the changes in SB509?

The regulatory priority for SB509 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB509?

The cost impact of SB509 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB509 address?

SB509 addresses topics including courts, courts--general, elections, elections--general and email & electronic communications.

Q

What are the key dates for SB509?

Key dates for SB509: Effective date is 2025-09-01. Rulemaking: Designate and publish the official e-mail address for receiving TRO notices. (Prior to 2025-09-01). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB509?

SB509 establishes the following penalties: administrative/procedural penalty of Order rendered void and unenforceable for Issuance of a Temporary Restraining Order (TRO) without providing electronic notice to the Attorney General or failing to observe the mandatory one-hour waiting period.. Consult with legal counsel for specific applicability to your situation.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026