87R5173 MCF-D

By: Reynolds H.J.R. No. 41

A JOINT RESOLUTION

proposing a constitutional amendment to require the attorney general to appoint a special prosecutor to prosecute certain offenses that are committed by peace officers.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22, Article IV, Texas Constitution, is amended to read as follows:

Sec. 22. (a) The Attorney General shall represent the State in all suits and pleas in the Supreme Court of the State in which the State may be a party, and shall especially inquire into the charter rights of all private corporations, and from time to time, in the name of the State, take such action in the courts as may be proper and necessary to prevent any private corporation from exercising any power or demanding or collecting any species of taxes, tolls, freight or wharfage not authorized by law. The Attorney General [He] shall, whenever sufficient cause exists, seek a judicial forfeiture of such charters, unless otherwise expressly directed by law, and give legal advice in writing to the Governor and other executive officers, when requested by them, and perform such other duties as may be required by law.

(b) To the extent provided by general law, the Attorney General shall appoint a special prosecutor to perform the duties of a prosecuting attorney in any prosecution of a peace officer for an offense arising out of an officer-involved injury or death, as defined by law, from which the prosecuting attorney is disqualified.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 2, 2021. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment requiring the attorney general to appoint a special prosecutor to prosecute certain offenses that are committed by peace officers."