HBA-DMD H.J.R. 67 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 67
By: Hardcastle
County Affairs
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The commissioners court of Foard County has proposed to eliminate the
office of constable and allow the duties previously performed by the
constable to be completed by the sheriff's office, in order to save money.
As proposed, H.J.R. 67 requires the submission to the voters of a
constitutional amendment abolishing the office of constable in Foard County
and transferring the duties to the sheriff. 

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) Deletes Subsection (e) as the exception, thus leaving the section in
its entirety as the exception, to the requirement that in each such
precinct there be elected one Justice of the Peace and one Constable, each
of whom is required to hold his office for four years and until his
successor is required to be elected and qualified; provided that in a
county with a population of less than 150,000, according to the most recent
federal census, in any precinct in which there may be a city of 18,000 or
more inhabitants, there is required to be elected two Justices of the
Peace, and in a county with a population of 150,000 or more, according to
the most recent federal census, each precinct is authorized to contain more
than one Justice of the Peace Court.  

(h) Abolishes the office of Constable in Foard County and transfers the
functions of the office to the County Sheriff. Provides that the office of
Constable is abolished under this subsection only if, at the statewide
election at which the constitutional amendment providing for the abolition
of the office in Foard County is submitted to the voters, a majority of the
voters of Foard County voting on the question at that election favor the
amendment.  

SECTION 2.  The following temporary provision is added to the Texas
Constitution: 

TEMPORARY PROVISION. Provides that the abolition of the office of constable
in Foard 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. Sets forth 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.