By: Eckels H.J.R. No. 102
73R5491 CAG-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to allow for the abolition or
1-2 reestablishment of certain county offices.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article IX of the Texas Constitution is amended
1-5 by adding Section 14 to read as follows:
1-6 Sec. 14. ABOLITION AND REESTABLISHMENT OF COUNTY OFFICES.
1-7 (a) The following county offices may be abolished or reestablished
1-8 by the procedures provided by this section:
1-9 (1) a county attorney;
1-10 (2) a county clerk;
1-11 (3) a district clerk;
1-12 (4) a district and county clerk;
1-13 (5) a county treasurer;
1-14 (6) a sheriff;
1-15 (7) a county surveyor;
1-16 (8) a county tax assessor-collector;
1-17 (9) a constable; and
1-18 (10) a justice of the peace.
1-19 (b)(1) A county office is abolished in a county if the
1-20 abolition is approved by a majority of the votes received at an
1-21 election ordered under this subsection. A county office that has
1-22 been abolished in a county is reestablished in the county if the
1-23 reestablishment is approved by a majority of the votes received at
1-24 an election ordered under this subsection. The commissioners court
2-1 of the county shall order the election in the county if the court
2-2 is petitioned to do so by the voters of the county. A petition
2-3 must:
2-4 (A) be filed in the office of the county judge
2-5 of the county;
2-6 (B) state that it is intended to require an
2-7 election in the county on the question of abolishing or
2-8 reestablishing a county office, as appropriate;
2-9 (C) be signed by a number of registered voters
2-10 of the county equal to at least 10 percent of the number of votes
2-11 received for governor in the county in the most recent
2-12 gubernatorial general election;
2-13 (D) contain the date of signing, current voter
2-14 registration number, printed name, and residence address, including
2-15 zip code, for the required number of signers; and
2-16 (E) be signed by the required number of signers
2-17 during the 60 days preceding the date the petition is filed in the
2-18 office of the county judge.
2-19 (2) Within five days after the date a petition is
2-20 received in the office of the county judge, the judge shall submit
2-21 the petition for verification to the county clerk. The county
2-22 clerk shall determine whether the petition meets the requirements
2-23 imposed by this subsection. Within 30 days after the date the
2-24 petition is submitted to the county clerk for verification, the
2-25 clerk shall certify in writing to the commissioners court whether
2-26 the petition is valid or invalid. If the county clerk certifies
2-27 that the petition is invalid, the clerk shall state in the
3-1 certification the reasons for that determination. If the county
3-2 clerk certifies that the petition is valid, the commissioners court
3-3 shall order the election to be held on the next authorized election
3-4 date that occurs after the date the court receives the clerk's
3-5 certification and that allows sufficient time to comply with the
3-6 requirements of law.
3-7 (3) The commissioners court shall order the ballot for
3-8 the election to be printed to provide for voting for or against the
3-9 appropriate proposition: "Abolishing the (name of the county
3-10 office)" or "Reestablishing the (name of the county office)." If
3-11 more than one county office is the subject of the petition, the
3-12 commissioners court shall order the ballot for the election to be
3-13 printed to provide for separate voting for or against each of the
3-14 propositions.
3-15 (4) If the abolition of a county office is approved at
3-16 the election, the abolition of the county office takes effect on
3-17 the January 1 following the date of the election. After the
3-18 abolition of the office, the commissioners court may designate one
3-19 or more county officers or employees to perform the functions
3-20 prescribed by law for the abolished office and to take possession
3-21 of the records of the abolished office. The commissioners court
3-22 may, from time to time, change a designation it makes under this
3-23 subdivision.
3-24 (5) If the county office is reestablished, the county
3-25 office holder shall be elected at an election to be held on the
3-26 next authorized election date that occurs after the date of the
3-27 election reestablishing the office and that allows sufficient time
4-1 to comply with the requirements of law. A county officer elected
4-2 at this election serves until the person next elected to the office
4-3 as provided by law takes office. A person designated by the
4-4 commissioners court to take possession of records that belonged to
4-5 the county office before the office was abolished, or records
4-6 created while the office was abolished in the performance of duties
4-7 normally performed by the office, shall deliver the records to the
4-8 appropriate county officer as soon as practicable after the officer
4-9 takes office.
4-10 (c) A county office that was abolished in a county as
4-11 provided by this constitution as it existed before January 1, 1994,
4-12 remains abolished unless reestablished as provided by this section.
4-13 The functions and records of the abolished office are transferred
4-14 in accordance with this constitution as it existed on the date of
4-15 the abolition, and the former constitutional provision remains in
4-16 effect for that purpose.
4-17 SECTION 2. This proposed amendment shall be submitted to the
4-18 voters at an election to be held November 2, 1993. The ballot
4-19 shall be printed to provide for voting for or against the
4-20 proposition: "The constitutional amendment providing for a local
4-21 option election to permit the voters of a county to abolish certain
4-22 county offices or to reestablish certain county offices."