HBA-DMD H.J.R. 33 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 33
By: Chisum
County Affairs
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

The office of Constable in Hemphill County has been vacant for more than
twenty years. The elimination of this position requires a constitutional
amendment.  As proposed, H.J.R. 33 requires the submission to the voters of
a constitutional amendment eliminating the office of Constable in Hemphill
County. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 18, Article V, Texas Constitution, by amending
Subsection (a) and adding Subsection (h), as follows: 

(a) Makes a conforming change by deleting the reference to Subsection (e)
as the only exception to the requirement that each such precinct elect one
Justice of the Peace and one Constable for a four-year term.  Subsection
(e) abolishes the office of Constable in Mills County and transfers the
powers, duties, and records of the Constable office to the County Sheriff. 

(h) Abolishes the office of Constable in Hemphill County and transfers the
office's functions to the County Sheriff.  Provides that the office of
Constable is abolished only if at a statewide election the constitutional
amendment abolishing the office in Hemphill County is submitted to the
voters and a majority of the voters in Hemphill County favor the amendment. 

SECTION 2.  Adds the following temporary provision to the Texas
Constitution: 

TEMPORARY PROVISION.  Sets forth that the abolishment of the office of
Constable in Hemphill County under the constitutional amendment proposed by
the 76th Legislature, Regular Session, 1999, takes effect January 1, 2000,
provided that the conditions of Section 18(h), Article V, as added by the
constitutional amendment are met.  Establishes that this provision expires
January 2, 2000. 

SECTION 3.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.