According to the Legislative Budget Board (LBB), SB 509 is not expected to have a significant fiscal impact on the state. The bill requires courts to notify the Texas Attorney General (AG) before holding a hearing on a temporary restraining order (TRO) under the Election Code. The LBB assumes that any administrative costs related to this requirement can be absorbed within existing resources at the Office of Court Administration and the Attorney General’s Office.

Additionally, local governments are not expected to incur significant costs due to this legislation. Since the bill does not mandate additional hearings or legal proceedings, but rather a notification requirement, no major operational expenses are anticipated at the county or municipal level. The Office of Court Administration and the Attorney General’s Office have been identified as the primary state agencies affected, but they are expected to handle the implementation within their current budgets.

SB 509 proposes a procedural change in election-related litigation by requiring courts to notify the Texas Attorney General (AG) before holding a hearing on temporary restraining orders (TROs) sought under the Election Code. This measure stems from a 2022 Harris County case, where a court extended polling hours via a TRO without notifying the AG, even though the election involved state and federal offices.

The bill does not impose direct restrictions on election litigation but adds a procedural step that could delay urgent legal relief in election-related disputes. While ensuring the AG’s awareness of election-related legal proceedings could promote consistency and oversight, it also risks interfering with judicial discretion and slowing emergency rulings. The lack of a strict deadline or enforcement mechanism raises concerns about potential delays in time-sensitive cases.

Given these implications, though Texas Policy Research recommends lawmakers vote YES on SB 509, the bill should be amended to clarify how courts should notify the AG and define an explicit timeframe for notification. These adjustments would balance election integrity, judicial efficiency, and government oversight, making the bill more functional without unduly delaying election-related legal remedies.

• HB 1475 (Same As)