By Craddick, Black, Siebert H.J.R. No. 132
74R11246 CAG-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to allow for the abolition or
1-2 reestablishment of certain county offices.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article IX, Texas Constitution, is amended by
1-5 adding Section 14 to read as follows:
1-6 Sec. 14. (a) The following county offices may be abolished
1-7 or reestablished by the procedures provided by this section:
1-8 (1) a county attorney;
1-9 (2) a county clerk;
1-10 (3) a district clerk;
1-11 (4) a district and county clerk;
1-12 (5) a county treasurer;
1-13 (6) a sheriff;
1-14 (7) a county tax assessor-collector;
1-15 (8) a constable; and
1-16 (9) a justice of the peace.
1-17 (b)(1) A county office is abolished in a county if the
1-18 abolition is approved by a majority of the votes received at an
1-19 election ordered under this subsection. A county office that has
1-20 been abolished in a county is reestablished in the county if the
1-21 reestablishment is approved by a majority of the votes received at
1-22 an election ordered under this subsection. The commissioners court
1-23 of the county may, by order of the court, order the election in the
1-24 county to abolish or reestablish any of the county offices. The
2-1 commissioners court shall order the election to be held on the next
2-2 authorized election date that occurs after the date the court
2-3 adopts an order relating to the calling of the election and that
2-4 allows sufficient time to comply with the requirements of law.
2-5 (2) The commissioners court shall order the ballot for
2-6 the election to be printed to permit voting for or against the
2-7 appropriate proposition: "Abolishing the (name of the county
2-8 office)" or "Reestablishing the (name of the county office)." If
2-9 more than one county office is the subject of the petition, the
2-10 commissioners court shall order the ballot for the election to be
2-11 printed to permit separate voting for or against each of the
2-12 propositions.
2-13 (3) If the abolition of a county office is approved at
2-14 the election, the abolition of the county office takes effect on
2-15 the January 1 following the date of the election. After the
2-16 abolition of the office, the commissioners court may designate one
2-17 or more county officers or employees to perform the functions
2-18 prescribed by law for the abolished office and to take possession
2-19 of the records of the abolished office. The commissioners court
2-20 may, from time to time, change a designation it makes under this
2-21 subdivision.
2-22 (4) If the county office is reestablished, the county
2-23 officeholder shall be elected at an election to be held on the next
2-24 authorized election date that occurs after the date of the election
2-25 reestablishing the office and that allows sufficient time to comply
2-26 with the requirements of law. A county officer elected at this
2-27 election serves until the person next elected to the office as
3-1 provided by law takes office. A person designated by the
3-2 commissioners court to take possession of records that belonged to
3-3 the county office before the office was abolished, or records
3-4 created while the office was abolished in the performance of duties
3-5 normally performed by the office, shall deliver the records to the
3-6 appropriate county officer as soon as practicable after the officer
3-7 takes office.
3-8 (c) A county office that was abolished in a county as
3-9 provided by this constitution as it existed before January 1, 1996,
3-10 remains abolished unless reestablished as provided by this section.
3-11 The functions and records of the abolished office are transferred
3-12 in accordance with this constitution as it existed on the date of
3-13 the abolition, and the former constitutional provision remains in
3-14 effect for that purpose.
3-15 SECTION 2. This proposed constitutional amendment shall be
3-16 submitted to the voters at an election to be held November 7, 1995.
3-17 The ballot shall be printed to permit voting for or against the
3-18 proposition: "The constitutional amendment allowing the abolition
3-19 or reestablishment of certain county offices."