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."