HBA-DMD H.J.R. 6 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 6
By: Chisum
County Affairs
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the office of constable in Collingsworth County is vacant and
has been for some time. The county Sheriffs Department routinely covers the
duties of the constable. The commissioners court of Collingsworth County
passed a resolution to abolish the office of constable in Collingsworth
County. As proposed H.J.R. 6 requires the submission to the voters of a
constitutional amendment abolishing the office of constable in
Collingsworth 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) Deletes Subsection (e) as the exception, thus leaving this section
(Division of Counties into Precincts; Election of Constable and Justice of
the Peace; County Commissioners and County Commissioners Court; Change in
Precinct Boundaries) in its entirety as the exception to the requirement
that in each such precinct in a county with a population less than 18,000
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 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 Collingsworth County and transfers
the functions of the office to the County Sheriff. Provides that the office
of Constable is abolished only if, at the statewide election at which the
constitutional amendment providing for the abolition of the office in
Collingsworth County is submitted to the voters, a majority of the voters
of Collingsworth 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 Collingsworth 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 (Judicial Department), as added by that
constitutional amendment, are met and 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.