By:  Culberson                                       H.J.R. No. 108
       73R3001 JSA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to require the senate to
    1-2  approve the settlement of certain suits in which the state is a
    1-3  party.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article IV of the Texas Constitution is amended
    1-6  by adding Section 22a to read as follows:
    1-7        Sec. 22a.  (a)  The attorney general or other attorney
    1-8  representing the state may not enter into a consent decree, agreed
    1-9  judgment, abatement order, or other settlement that resolves
   1-10  conclusively or makes final disposition of a civil suit or a claim
   1-11  in a civil suit and that imposes a financial obligation on the
   1-12  state without the consent of two-thirds of the members of the
   1-13  senate present.
   1-14        (b)  When the senate is not in session, the senate shall
   1-15  convene at a time determined by the lieutenant governor for the
   1-16  purpose of considering a proposed settlement under this section if
   1-17  a majority of the members of the senate in writing request the
   1-18  lieutenant governor to call the senate into session for that
   1-19  purpose.
   1-20        (c)  This section does not apply to the settlement of a suit
   1-21  or claim involving only the collection of a penalty, fine, fee,
   1-22  tax, or other amount due to the state.
   1-23        (d)  The legislature by general law may provide that this
   1-24  section does not apply to any other class of suit in which the
    2-1  state is a party.
    2-2        SECTION 2.  This proposed constitutional amendment shall be
    2-3  submitted to the voters at an election to be held November 2, 1993.
    2-4  The ballot shall be printed to provide for voting for or against
    2-5  the following proposition:  "The constitutional amendment to
    2-6  require the Texas Senate to approve the settlement of a lawsuit in
    2-7  which the state is a party and which will obligate the expenditure
    2-8  of state funds."