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."
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