| 1 | 1 | | 84R1788 AAF-D |
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| 2 | 2 | | By: González H.J.R. No. 31 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to require the attorney |
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| 7 | 7 | | general to be licensed and eligible to practice law in this state. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 22, Article IV, Texas Constitution, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 22. (a) The Attorney General shall represent the |
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| 12 | 12 | | State in all suits and pleas in the Supreme Court of the State in |
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| 13 | 13 | | which the State may be a party, and shall especially inquire into |
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| 14 | 14 | | the charter rights of all private corporations, and from time to |
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| 15 | 15 | | time, in the name of the State, take such action in the courts as may |
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| 16 | 16 | | be proper and necessary to prevent any private corporation from |
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| 17 | 17 | | exercising any power or demanding or collecting any species of |
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| 18 | 18 | | taxes, tolls, freight or wharfage not authorized by law. The |
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| 19 | 19 | | Attorney General [He] shall, whenever sufficient cause exists, seek |
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| 20 | 20 | | a judicial forfeiture of such charters, unless otherwise expressly |
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| 21 | 21 | | directed by law, and give legal advice in writing to the Governor |
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| 22 | 22 | | and other executive officers, when requested by them, and perform |
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| 23 | 23 | | such other duties as may be required by law. |
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| 24 | 24 | | (b) To be eligible to serve in the office of Attorney |
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| 25 | 25 | | General, a person must be licensed and eligible to practice law in |
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| 26 | 26 | | this state. |
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| 27 | 27 | | SECTION 2. The following temporary provision is added to |
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| 28 | 28 | | the Texas Constitution: |
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| 29 | 29 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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| 30 | 30 | | to the constitutional amendment proposed by the 84th Legislature, |
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| 31 | 31 | | Regular Session, 2015, requiring the attorney general to be |
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| 32 | 32 | | licensed and eligible to practice law in this state. |
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| 33 | 33 | | (b) A person who on December 31, 2015, does not meet the |
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| 34 | 34 | | qualifications to serve in the office of attorney general under |
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| 35 | 35 | | Section 22(b), Article IV, of this constitution, as added by the |
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| 36 | 36 | | amendment, is removed from office on that date. If the office of |
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| 37 | 37 | | attorney general becomes vacant as a result of this temporary |
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| 38 | 38 | | provision, the vacancy shall be filled in the manner provided by |
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| 39 | 39 | | this constitution and general law. |
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| 40 | 40 | | (c) This temporary provision expires December 31, 2016. |
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| 41 | 41 | | SECTION 3. This proposed constitutional amendment shall be |
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| 42 | 42 | | submitted to the voters at an election to be held November 3, 2015. |
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| 43 | 43 | | The ballot shall be printed to permit voting for or against the |
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| 44 | 44 | | proposition: "The constitutional amendment requiring the attorney |
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| 45 | 45 | | general to be licensed and eligible to practice law in this state." |
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