HBA-NLM H.J.R. 89 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 89 By: Chisum County Affairs 4/19/1999 Introduced BACKGROUND AND PURPOSE The Ochiltree County Constable's Office was vacant until the November 6, 1984 election. Since that election, three candidates have filed to run for the constable position in the other three precincts, promising to hold the office inactive and at no cost to the taxpayers. Every candidate who has filed for the office of constable on the promise of making the office active has been rejected by the voters. As proposed, H.J.R. 89 requires the submission to the voters of a constitutional amendment abolishing the office of constable in Ochiltree County. In addition, H.J.R. 89 transfers the functions of the office to the county 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. Section 18, Article V, Texas Constitution, by amending Subsection (a) and adding Subsection (h), as follows: (a) Deletes the exception provided by Subsection (e) of this section. (h) Provides that the office of constable in Ochiltree County is abolished. 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 Ochiltree County is submitted to the voters, a majority of the voters of the county voting on the question at that election favor the amendment. SECTION 2. TEMPORARY PROVISION. Provides that the abolition of the office of constable in Ochiltree 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.