HBA-LJP, SEP C.S.H.J.R. 2 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 2
By: Chisum
Constitutional Revision, Select
4/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a commissioners court of a county is not required to
fill a vacancy in the office of constable.  However, according to Attorney
General Opinion JC-0140, it may be possible for a county to be held liable
for not filling the office.  As proposed, C.S.H.J.R. 2 requires the
submission to the voters of a constitutional amendment authorizing the
commissioners court of a county to declare the office of constable in a
precinct to be dormant and provides for the reinstatement of the office. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.J.R. 2 amends the Texas Constitution to authorize the commissioners
court of a county to declare the office of constable in a precinct dormant
if at least seven consecutive years have passed since the end of the term
of the person who was last elected or appointed to the office.  The bill
prohibits a constable office declared dormant from being filled by election
or appointment.  The records of a constable office declared dormant are
transferred to the county clerk.  The bill authorizes the commissioners
court to reinstate a dormant constable office by vote of the commissioners
court or by calling an election in the precinct to reinstate the office.
The bill requires the commissioners court to call an election to reinstate
the office if the commissioners court receives a petition signed by at
least 10 percent of the qualified voters of the precinct. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 5, 2002. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.J.R. 2 modifies the original by reducing, from eight to seven, the
number consecutive of years that must pass after the end of the term of the
last person elected or appointed to the office of constable in a precinct
for the office to be declared dormant.