Bill Text: TX HJR41 | 2021-2022 | 87th Legislature | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-01 - Referred to Criminal Jurisprudence [HJR41 Detail]

Download: Texas-2021-HJR41-Introduced.html
  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."
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