SB509

Regular Session

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

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Office of the Attorney General • Texas Civil Courts (Judiciary)

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.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCourts Courts--general Elections Elections--general Email & Electronic Communications Teleconferencing Videoconferencing Attorney General

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 509
89R2060 MLH-D	By: Bettencourt et al.
	State Affairs
	3/4/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under the Texas Election Code, a party is entitled to appropriate injunctive relief to prevent a violation of the Election Code from continuing or occurring.

During the November 2022 election in Harris County, there was a temporary restraining order issued to keep the polls open an hour later. The Office of the Attorney General was not notified of the hearing or the results by the court even though the election was over federal and state offices.

S.B. 509 would require that if a court issues a temporary restraining order under the Texas Election Code, a copy of the temporary restraining order would be submitted to the attorney general.

As proposed, S.B. 509 amends current law relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Subchapter E, Chapter 273, Election Code, to read as follows:

SUBCHAPTER E. INJUNCTION OR RESTRAINING ORDER

SECTION 2. Amends Subchapter E, Chapter 273, Election Code, by adding Section 273.082, as follows:

Sec. 273.082. TEMPORARY RESTRAINING ORDER; NOTICE. Requires a court, as soon as practicable before a hearing in an action under this code seeking a temporary restraining order, to notify the attorney general of the hearing.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Paul BettencourtRepublican · Primary Author

Joint Authors

Coauthors (1)

Bob Hall (R)

House Sponsor

Rep. Mike SchofieldRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 509

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to requiring notice to the attorney general in an action
	under the Election Code seeking a temporary restraining order.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Subchapter E, Chapter 273,
	Election Code, is amended to read as follows:
	SUBCHAPTER E. INJUNCTION OR RESTRAINING ORDER
	SECTION 2. Subchapter E, Chapter 273, Election Code, is
	amended by adding Section 273.082 to read as follows:
	Sec. 273.082. TEMPORARY RESTRAINING ORDER; NOTICE. (a) As
	soon as practicable before a hearing in an action under this code
	seeking a temporary restraining order, a court must electronically
	notify the attorney general of the hearing at the e-mail address
	designated under Subsection (e).
	(b) Except as provided by Subsection (c), a court may not
	hold a hearing described by Subsection (a) sooner than one hour
	after the court provides notice to the attorney general under
	Subsection (a).
	(c) The attorney general may, after receiving notice under
	Subsection (a), waive the requirement of Subsection (b).
	(d) A court shall allow the attorney general to participate
	remotely in a hearing in an action under this code seeking a
	temporary restraining order, using any reasonably available
	method.
	(e) The attorney general shall designate an e-mail address
	at which to receive a notice under this section.
	(f) A temporary restraining order issued in violation of
	this section is void and unenforceable.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 5, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB509 by Bettencourt (Relating to requiring notice to the attorney general in an action under the Election Code seeking a temporary restraining order.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General

LBB Staff:

JMc, WP, DA, NTh

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Frequently Asked Questions

Common questions about SB509

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. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to all actions filed on or after this date).

Who authored SB509?

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

When was SB509 signed into law?

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

Which agencies enforce SB509?

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

How urgent is compliance with SB509?

The compliance urgency for SB509 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB509 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

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