HBA-NLM H.J.R. 50 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 50
By: Hupp
County Affairs
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

McCulloch County has a population of less than 10,000 people, and its law
enforcement needs are adequately served by its sheriff.  Elimination of
the office of constable in that county will allow the duties of that office
to be officially performed by the sheriff's office.  As proposed, H.J.R. 50
requires the submission to the voters of a constitutional amendment
abolishing the office of constable in McCulloch 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 by adding Subsection (h), as follows: 

(a) Provides an exception under the provisions of this section, rather than
under the provisions of Subsection (e) of this section. 

(h)  Abolishes the office of constable in McCulloch County and transfers
the functions of the office to the county sheriff. Provides for the
abolishment of the office of constable under this section only if, at the
statewide election at which that question is put before the voters, a
majority of the voters of McCulloch County favor the constitutional
amendment which provides for the abolition of the constable's office in
McCulloch County. 

SECTION 2.  Adds a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION.  Sets forth that the abolition of the office of
constable in McCulloch County under the constitutional amendment proposed
by the 76th Legislature, Regular Session, 1999, providing for the abolition
of the office in that county, takes effect January 1, 2000, if the
conditions of Section 18(h), Article V, as added by that constitutional
amendment, are met.  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.