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."