By Denny H.J.R. No. 90
75R8341 JRD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment restricting the authority of
1-2 the attorney general to issue an opinion about the
1-3 constitutionality of a state statute.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22, Article IV, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 22. The Attorney General elected at the general
1-8 election in 1974, and thereafter, shall hold office for four years
1-9 and until his successor is duly qualified. He shall represent the
1-10 State in all suits and pleas in the Supreme Court of the State in
1-11 which the State may be a party, and shall especially inquire into
1-12 the charter rights of all private corporations, and from time to
1-13 time, in the name of the State, take such action in the courts as
1-14 may be proper and necessary to prevent any private corporation from
1-15 exercising any power or demanding or collecting any species of
1-16 taxes, tolls, freight or wharfage not authorized by law. He shall,
1-17 whenever sufficient cause exists, seek a judicial forfeiture of
1-18 such charters, unless otherwise expressly directed by law. He
1-19 shall[, and] give legal advice in writing to the Governor and other
1-20 executive officers, when requested by them, except that he may not
1-21 give legal advice to any person in writing concerning the
1-22 constitutionality of a statute of this state. He shall [and]
1-23 perform such other duties as may be required by law. He shall
1-24 reside at the seat of government during his continuance in office.
2-1 He shall receive for his services an annual salary in an amount to
2-2 be fixed by the Legislature.
2-3 SECTION 2. This proposed constitutional amendment shall be
2-4 submitted to the voters at an election to be held November 4, 1997.
2-5 The ballot shall be printed to permit voting for or against the
2-6 proposition: "The constitutional amendment providing that the
2-7 attorney general may not issue a written opinion concerning the
2-8 constitutionality of a state statute."