By Black                                              H.J.R. No. 80
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to abolish the office of
    1-2  constable in Mills, Reagan, and Roberts counties.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 18, Article V, Texas Constitution, is
    1-5  amended by amending Subsection (a) and adding Subsections (e) and
    1-6  (f) to 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 Mills County is abolished.
   2-13  The powers, duties, and records of the office are transferred to
   2-14  the County Sheriff.
   2-15        (f)  The office of Constable in Reagan County and the office
   2-16  of Constable in Roberts County are abolished.  The functions of the
   2-17  office are transferred to the County Sheriff.  However, the office
   2-18  of Constable is abolished under this subsection only if, at the
   2-19  statewide election at which the constitutional amendment providing
   2-20  for the abolition is submitted to the voters, a majority of the
   2-21  voters of Reagan County or Roberts County, as applicable, voting on
   2-22  the question at that election favor the amendment.
   2-23        SECTION 2.  The following temporary provision is added to the
   2-24  Texas Constitution:
   2-25        TEMPORARY PROVISION.   The abolition of the office of
   2-26  constable in Mills County under the constitutional amendment
   2-27  proposed by the 74th Legislature, Regular Session, 1995, providing
    3-1  for the abolition of the office in that county takes effect January
    3-2  1, 1996.  This provision expires January 2, 1996.
    3-3        SECTION 3.  The following temporary provision is added to the
    3-4  Texas Constitution:
    3-5        TEMPORARY PROVISION.  The abolition of the office of
    3-6  constable in Reagan County and in Roberts County under the
    3-7  constitutional amendment proposed by the 74th Legislature, Regular
    3-8  Session, 1995, providing for the abolition of that office in those
    3-9  counties, takes effect January 1, 1996, if the conditions of
   3-10  Subsection (f), Section 18, Article V, as added by that
   3-11  constitutional amendment, are met.  This temporary provision
   3-12  expires January 2, 1996.
   3-13        SECTION 4.  This proposed constitutional amendment shall be
   3-14  submitted to the voters at an election to be held on November 7,
   3-15  1995.  The ballot shall be printed to permit voting for or against
   3-16  the proposition:  "The constitutional amendment providing for the
   3-17  abolition of the office of constable in Mills, Reagan, and Roberts
   3-18  counties."