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."