By Dutton                                            H.J.R. No. 100
       74R6582 PAM-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment to abolish the offices of
    1-2  constable and sheriff and certain municipal police departments in
    1-3  Harris County and to establish the Harris County Law Enforcement
    1-4  Agency.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 18, Article V, Texas Constitution, is
    1-7  amended by amending Subsection (a) and adding Subsection (e) to
    1-8  read as follows:
    1-9        (a)  Each county in the State with a population of 30,000 or
   1-10  more, according to the most recent federal census, from time to
   1-11  time, for the convenience of the people, shall be divided into not
   1-12  less than four and not more than eight precincts.  Each county in
   1-13  the State with a population of 18,000 or more but less than 30,000,
   1-14  according to the most recent federal census, from time to time, for
   1-15  the convenience of the people, shall be divided into not less than
   1-16  two and not more than five precincts.  Each county in the State
   1-17  with a population of less than 18,000, according to the most recent
   1-18  federal census, from time to time, for the convenience of the
   1-19  people, shall be designated as a single precinct or, if the
   1-20  Commissioners Court determines that the county needs more than one
   1-21  precinct, shall be divided into not more than four precincts.
   1-22  Notwithstanding the population requirements of this subsection,
   1-23  Chambers County, from time to time, for the convenience of the
   1-24  people, shall be divided into not less than two and not more than
    2-1  six precincts.  A division or designation under this subsection
    2-2  shall be made by the Commissioners Court provided for by this
    2-3  Constitution.  Except as provided by Subsection (e) of this
    2-4  section, in  <In> each such precinct there shall be elected one
    2-5  Justice of the Peace and one Constable, each of whom shall hold his
    2-6  office for four years and until his successor shall be elected and
    2-7  qualified; provided that in a county with a population of less than
    2-8  150,000, according to the most recent federal census, in any
    2-9  precinct in which there may be a city of 18,000 or more
   2-10  inhabitants, there shall be elected two Justices of the Peace, and
   2-11  in a county with a population of 150,000 or more, according to the
   2-12  most recent federal census, each precinct may contain more than one
   2-13  Justice of the Peace Court.
   2-14        (e)  The office of Constable in Harris County is abolished on
   2-15  the creation of the Harris County Law Enforcement Agency under
   2-16  Section 32 of this article.  On the abolition of the office, the
   2-17  powers, duties, and records of the office are transferred to the
   2-18  Harris County Law Enforcement Agency.
   2-19        SECTION 2.  Section 23, Article V, Texas Constitution, is
   2-20  amended to read as follows:
   2-21        Sec. 23.  (a)  Except as provided by Subsection (b) of this
   2-22  section, there <There> shall be elected by the qualified voters of
   2-23  each county a Sheriff, who shall hold his office for the term of
   2-24  four years, whose duties, qualifications, perquisites, and fees of
   2-25  office, shall be prescribed by the Legislature, and vacancies in
   2-26  whose office shall be filled by the Commissioners Court until the
   2-27  next general election.
    3-1        (b)  The office of Sheriff in Harris County is abolished on
    3-2  the creation of the Harris County Law Enforcement Agency under
    3-3  Section 32 of this article.  On the abolition of the office, the
    3-4  powers, duties, and records of the office are transferred to the
    3-5  Harris County Law Enforcement Agency.
    3-6        SECTION 3.  Article V, Texas Constitution, is amended by
    3-7  adding Section 32 to read as follows:
    3-8        Sec. 32.  (a)  The legislature by law may establish and
    3-9  provide all necessary provisions governing the Harris County Law
   3-10  Enforcement Agency.  The agency has the powers and duties provided
   3-11  by law, including the powers and duties:
   3-12              (1)  previously performed by the municipal police
   3-13  departments abolished under Subsection (c) of this section; or
   3-14              (2)  assigned by law to a sheriff or constable.
   3-15        (b)  The jurisdiction of the Harris County Law Enforcement
   3-16  Agency covers:
   3-17              (1)  Harris County; and
   3-18              (2)  the area that is in a county adjacent to Harris
   3-19  County and in a municipality that has a majority of its area
   3-20  located in Harris County.
   3-21        (c)  The municipal police departments of the following
   3-22  municipalities are abolished on the creation of the Harris County
   3-23  Law Enforcement Agency:
   3-24              (1)  a municipality located wholly in Harris County;
   3-25  and
   3-26              (2)  a municipality located partly in Harris County and
   3-27  partly in a county adjacent to Harris County if a majority of the
    4-1  municipality's area is in Harris County.
    4-2        (d)  A municipality described by Subsection (c) of this
    4-3  section may not create a police department after the creation of
    4-4  the Harris County Law Enforcement Agency.
    4-5        SECTION 4.  This proposed constitutional amendment shall be
    4-6  submitted to the voters at an election to be held November 7, 1995.
    4-7  The ballot shall be printed to permit voting for or against the
    4-8  proposition:  "The constitutional amendment permitting the
    4-9  legislature to establish the Harris County Law Enforcement Agency
   4-10  to replace the offices of constable and sheriff in Harris County
   4-11  and the municipal police departments of certain municipalities
   4-12  located wholly or partly in Harris County."