| 1 | 1 | | 86R2773 KJE-D |
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| 2 | 2 | | By: Reynolds H.J.R. No. 22 |
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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 appoint a special prosecutor to prosecute certain |
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| 8 | 8 | | offenses that are committed by peace officers. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 22, Article IV, Texas Constitution, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 22. (a) The Attorney General shall represent the |
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| 13 | 13 | | State in all suits and pleas in the Supreme Court of the State in |
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| 14 | 14 | | which the State may be a party, and shall especially inquire into |
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| 15 | 15 | | the charter rights of all private corporations, and from time to |
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| 16 | 16 | | time, in the name of the State, take such action in the courts as may |
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| 17 | 17 | | be proper and necessary to prevent any private corporation from |
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| 18 | 18 | | exercising any power or demanding or collecting any species of |
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| 19 | 19 | | taxes, tolls, freight or wharfage not authorized by law. The |
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| 20 | 20 | | Attorney General [He] shall, whenever sufficient cause exists, seek |
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| 21 | 21 | | a judicial forfeiture of such charters, unless otherwise expressly |
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| 22 | 22 | | directed by law, and give legal advice in writing to the Governor |
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| 23 | 23 | | and other executive officers, when requested by them, and perform |
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| 24 | 24 | | such other duties as may be required by law. |
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| 25 | 25 | | (b) To the extent provided by general law, the Attorney |
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| 26 | 26 | | General shall appoint a special prosecutor to perform the duties of |
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| 27 | 27 | | a prosecuting attorney in any prosecution of a peace officer for an |
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| 28 | 28 | | offense arising out of an officer-involved injury or death, as |
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| 29 | 29 | | defined by law, from which the prosecuting attorney is |
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| 30 | 30 | | disqualified. |
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| 31 | 31 | | SECTION 2. This proposed constitutional amendment shall be |
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| 32 | 32 | | submitted to the voters at an election to be held November 5, 2019. |
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| 33 | 33 | | The ballot shall be printed to provide for voting for or against the |
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| 34 | 34 | | proposition: "The constitutional amendment requiring the attorney |
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| 35 | 35 | | general to appoint a special prosecutor to prosecute certain |
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| 36 | 36 | | offenses that are committed by peace officers." |
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