1-1 By: Black (Senate Sponsor - Sims) H.J.R. No. 80
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 17, 1995, reported favorably by
1-5 the following vote: Yeas 9, Nays 0; May 17, 1995, sent to
1-6 printer.)
1-7 HOUSE JOINT RESOLUTION
1-8 proposing a constitutional amendment to abolish the office of
1-9 constable in Mills, Reagan, and Roberts counties.
1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 18, Article V, Texas Constitution, is
1-12 amended by amending Subsection (a) and adding Subsections (e) and
1-13 (f) to read as follows:
1-14 (a) Each county in the State with a population of 30,000 or
1-15 more, according to the most recent federal census, from time to
1-16 time, for the convenience of the people, shall be divided into not
1-17 less than four and not more than eight precincts. Each county in
1-18 the State with a population of 18,000 or more but less than 30,000,
1-19 according to the most recent federal census, from time to time, for
1-20 the convenience of the people, shall be divided into not less than
1-21 two and not more than five precincts. Each county in the State
1-22 with a population of less than 18,000, according to the most recent
1-23 federal census, from time to time, for the convenience of the
1-24 people, shall be designated as a single precinct or, if the
1-25 Commissioners Court determines that the county needs more than one
1-26 precinct, shall be divided into not more than four precincts.
1-27 Notwithstanding the population requirements of this subsection,
1-28 Chambers County, from time to time, for the convenience of the
1-29 people, shall be divided into not less than two and not more than
1-30 six precincts. A division or designation under this subsection
1-31 shall be made by the Commissioners Court provided for by this
1-32 Constitution. Except as provided by Subsection (e) of this
1-33 section, in <In> each such precinct there shall be elected one
1-34 Justice of the Peace and one Constable, each of whom shall hold his
1-35 office for four years and until his successor shall be elected and
1-36 qualified; provided that in a county with a population of less than
1-37 150,000, according to the most recent federal census, in any
1-38 precinct in which there may be a city of 18,000 or more
1-39 inhabitants, there shall be elected two Justices of the Peace, and
1-40 in a county with a population of 150,000 or more, according to the
1-41 most recent federal census, each precinct may contain more than one
1-42 Justice of the Peace Court.
1-43 (e) The office of Constable in Mills County is abolished.
1-44 The powers, duties, and records of the office are transferred to
1-45 the County Sheriff.
1-46 (f) The office of Constable in Reagan County and the office
1-47 of Constable in Roberts County are abolished. The functions of the
1-48 office are transferred to the County Sheriff. However, the office
1-49 of Constable is abolished under this subsection only if, at the
1-50 statewide election at which the constitutional amendment providing
1-51 for the abolition is submitted to the voters, a majority of the
1-52 voters of Reagan County or Roberts County, as applicable, voting on
1-53 the question at that election favor the amendment.
1-54 SECTION 2. The following temporary provision is added to the
1-55 Texas Constitution:
1-56 TEMPORARY PROVISION. The abolition of the office of
1-57 constable in Mills County under the constitutional amendment
1-58 proposed by the 74th Legislature, Regular Session, 1995, providing
1-59 for the abolition of the office in that county takes effect January
1-60 1, 1996. This provision expires January 2, 1996.
1-61 SECTION 3. The following temporary provision is added to the
1-62 Texas Constitution:
1-63 TEMPORARY PROVISION. The abolition of the office of
1-64 constable in Reagan County and in Roberts County under the
1-65 constitutional amendment proposed by the 74th Legislature, Regular
1-66 Session, 1995, providing for the abolition of that office in those
1-67 counties, takes effect January 1, 1996, if the conditions of
1-68 Subsection (f), Section 18, Article V, as added by that
2-1 constitutional amendment, are met. This temporary provision
2-2 expires January 2, 1996.
2-3 SECTION 4. This proposed constitutional amendment shall be
2-4 submitted to the voters at an election to be held on November 7,
2-5 1995. The ballot shall be printed to permit voting for or against
2-6 the proposition: "The constitutional amendment providing for the
2-7 abolition of the office of constable in Mills, Reagan, and Roberts
2-8 counties."
2-9 * * * * *