(a) A person (other than a foreign corporation not having a permit or certificate
of authority to do business in this state) uncertain of whether or not his or her
action or proposed action violates or will violate the prohibitions contained in Section 15.05 of this Act may file suit against the state for declaratory judgment, citing this
section as authority, in one of the Travis County district courts.
(b) Citation and all process in the suit shall be served on the attorney general,
who shall represent the state. The petition shall describe in detail the person's action or proposed action and
all other relevant facts, and the court in its declaratory judgment shall fully recite
the action or proposed action and other facts considered.
(c) A declaratory judgment granted under this section which rules that action or proposed
action does not violate the prohibitions contained in Section 15.05 of this Act:
(1) shall be strictly construed and may not be extended by implication to an action
or fact not recited in the judgment;
(2) does not bind the state with reference to a person not a party to the suit in
which the judgment was granted; and
(3) does not estop the state from subsequently establishing a violation of the prohibitions
contained in Section 15.05 of this Act based on an action or fact not recited in the declaratory judgment, which
action or fact, when combined with an action or fact recited in the judgment, constitutes
a violation of the prohibitions contained in Section 15.05 of this Act.
(d) A person filing suit under this section shall pay all costs of the suit.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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