HBA-MPA H.J.R. 35 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 35
By: Chisum
County Affairs
2/15/1999
Introduced



BACKGROUND AND PURPOSE 

The Childress County Commissioners Court unanimously approved a resolution
requesting that the voters be presented with the opportunity to abolish the
office of constable in Childress County, which has been vacant for the last
ten years.  H.J.R. 35 requires the submission to the voters of a
constitutional amendment abolishing the office of constable in Childress
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.

(h) Abolishes the office of constable in Childress County, and transfers
its functions to the county sheriff.  Provides that this change will only
take place if, at the statewide election providing for the abolition of the
Childress County constable's office, the majority of the voters in
Childress County voting on the question at that election favor the
amendment. 

SECTION 2.  Amends the Texas Constitution, by adding a temporary provision,
as follows: 

TEMPORARY PROVISION.  Provides that constitutional amendment abolishing the
office of the constable in Childress County takes affect January 1, 2000,
if the requirement is met that the majority of Childress County voters
approve this amendment.  Provides 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.