By Denny                                        H.B. No. 2377

      75R5571 JRD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to restricting the authority of the attorney general to

 1-3     issue a written opinion about the constitutionality of a state

 1-4     statute.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 402.042(a), Government Code, is amended

 1-7     to read as follows:

 1-8           (a)  On request of a person listed in Subsection (b), the

 1-9     attorney general shall issue a written opinion on a question

1-10     affecting the public interest or concerning the official duties of

1-11     the requesting person.  The attorney general may not issue a

1-12     written opinion about the constitutionality of a statute of this

1-13     state unless the opinion is given in response to a request by the

1-14     governor or another executive officer within the meaning of Section

1-15     22, Article IV, Texas Constitution.

1-16           SECTION 2.  This Act takes effect January 1, 1998, unless a

1-17     constitutional amendment proposed by the 75th Legislature, Regular

1-18     Session, 1997, that restricts the authority of the attorney general

1-19     to issue a written opinion about the constitutionality of a state

1-20     statute is approved by the voters.  If such an amendment is

1-21     approved by the voters, this Act has no effect.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.