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."