By: Chisum H.J.R. No. 44
73R2233 CAG-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to abolish the offices of
1-2 constable and county surveyor in Roberts County.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article V, Section 18, of the Texas Constitution
1-5 is amended by amending Subsection (a) and adding Subsection (e) to
1-6 read as follows:
1-7 (a) Each county in the State with a population of 30,000 or
1-8 more, according to the most recent federal census, from time to
1-9 time, for the convenience of the people, shall be divided into not
1-10 less than four and not more than eight precincts. Each county in
1-11 the State with a population of 18,000 or more but less than 30,000,
1-12 according to the most recent federal census, from time to time, for
1-13 the convenience of the people, shall be divided into not less than
1-14 two and not more than five precincts. Each county in the State
1-15 with a population of less than 18,000, according to the most recent
1-16 federal census, from time to time, for the convenience of the
1-17 people, shall be designated as a single precinct or, if the
1-18 Commissioners Court determines that the county needs more than one
1-19 precinct, shall be divided into not more than four precincts.
1-20 Notwithstanding the population requirements of this subsection,
1-21 Chambers County, from time to time, for the convenience of the
1-22 people, shall be divided into not less than two and not more than
1-23 six precincts. A division or designation under this subsection
1-24 shall be made by the Commissioners Court provided for by this
2-1 Constitution. Except as provided by Subsection (e) of this
2-2 section, in <In> each such precinct there shall be elected one
2-3 Justice of the Peace and one Constable, each of whom shall hold his
2-4 office for four years and until his successor shall be elected and
2-5 qualified; provided that in a county with a population of less than
2-6 150,000, according to the most recent federal census, in any
2-7 precinct in which there may be a city of 18,000 or more
2-8 inhabitants, there shall be elected two Justices of the Peace, and
2-9 in a county with a population of 150,000 or more, according to the
2-10 most recent federal census, each precinct may contain more than one
2-11 Justice of the Peace Court.
2-12 (e) The office of Constable in Roberts County is abolished.
2-13 The functions of the office are transferred to the County Sheriff.
2-14 However, the office of Constable is abolished under this subsection
2-15 only if, at the statewide election at which the constitutional
2-16 amendment providing for the abolition of the office in that county
2-17 is submitted to the voters, a majority of the voters of that county
2-18 voting on the question at that election favor the amendment.
2-19 SECTION 2. Article XVI, Section 44(f), of the Texas
2-20 Constitution is amended to read as follows:
2-21 (f) This subsection applies only to the counties of Cass,
2-22 Ector, Garza, Smith, Bexar, Harris, Roberts, and Webb. The office
2-23 of County Surveyor in a <the> county is abolished under this
2-24 subsection only <on January 1, 1990,> if, at the statewide election
2-25 at which the constitutional amendment providing for the abolition
2-26 of the office in that county <addition to the Constitution of this
2-27 subsection> is submitted to the voters, a majority of the voters of
3-1 that county voting on the question at that election favor the
3-2 amendment <addition of this subsection>. If the office of County
3-3 Surveyor is abolished in a county under this subsection, the
3-4 powers, duties, and functions of the office are transferred to the
3-5 county officer or employee designated by the Commissioners Court of
3-6 the county in which the office is abolished, and the Commissioners
3-7 Court may from time to time change its designation as it considers
3-8 appropriate.
3-9 SECTION 3. The following temporary provision is added to the
3-10 Texas Constitution:
3-11 TEMPORARY PROVISION. The abolition of the offices of
3-12 constable and county surveyor in Roberts County under the
3-13 constitutional amendment proposed by the 73rd Legislature, Regular
3-14 Session, 1993, providing for the abolition of those offices in that
3-15 county takes effect January 1, 1994, if the conditions of Article
3-16 V, Section 18, Subsection (e), and Article XVI, Section 44,
3-17 Subsection (f), as added or amended by that constitutional
3-18 amendment, are met. This provision expires January 2, 1994.
3-19 SECTION 4. This proposed constitutional amendment shall be
3-20 submitted to the voters at an election to be held on November 2,
3-21 1993. The ballot shall be printed to provide for voting for or
3-22 against the proposition: "The constitutional amendment providing
3-23 for the abolition of the offices of constable and county surveyor
3-24 in Roberts County."