HBA-DMD S.J.R. 2 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.J.R. 2
By: Sibley
County Affairs
4/25/1999
Engrossed



BACKGROUND AND PURPOSE 

The Jack County Commissioners Court has proposed by resolution to eliminate
the office of constable and to allow the duties of that office to be
performed by the sheriff's office. As proposed, H.J.R. 41 requires the
submission to the voters of a constitutional amendment abolishing the
office of constable in Jack 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)  Establishes the abolishment of the office of constable in Jack County
and transfers the function 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 called on that question, a majority of the voters
of Jack County favor the constitutional amendment which provides for the
abolition of the office in Jack 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 Jack 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.