By Hirschi H.J.R. No. 17
75R762 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 county surveyor;
1-16 (9) a constable; and
1-17 (10) a justice of the peace.
1-18 (b) A county office is abolished in a county if the
1-19 abolition is approved by a majority of the votes received at an
1-20 election in the county ordered under this subsection. A county
1-21 office that has been abolished in a county is reestablished in the
1-22 county if the reestablishment is approved by a majority of the
1-23 votes received at an election in the county ordered under this
1-24 subsection. The commissioners court of the county:
2-1 (1) may, in its discretion, order an election in the
2-2 county to abolish or reestablish a county office; or
2-3 (2) shall order the election if the court receives and
2-4 verifies a petition that:
2-5 (A) identifies the county office to be abolished
2-6 or reestablished;
2-7 (B) states conspicuously at the top of each page
2-8 that the purpose of the petition is to require an election on the
2-9 question of abolishing or reestablishing that office;
2-10 (C) is signed by at least 15 percent of the
2-11 registered voters of the county; and
2-12 (D) complies with any statutory provisions
2-13 applying generally to petitions.
2-14 (c) The commissioners court shall order the election to be
2-15 held on the next authorized election date that occurs after the
2-16 date the court adopts an order relating to the calling of the
2-17 election and that allows sufficient time to comply with the
2-18 requirements of law.
2-19 (d) The commissioners court shall order the ballot for the
2-20 election to be printed to permit voting for or against the
2-21 appropriate proposition: "Abolishing the (name of the county
2-22 office)" or "Reestablishing the (name of the county office)." If
2-23 more than one county office is the subject of the petition, the
2-24 commissioners court shall order the ballot for the election to be
2-25 printed to permit voting for or against separate propositions for
2-26 each of the offices.
2-27 (e) If the abolition of a county office is approved at the
3-1 election, the abolition of the county office takes effect on the
3-2 January 1 following the date of the election. After the abolition
3-3 of the office, the functions and records of the office are
3-4 transferred to the county employee or county officer designated by
3-5 the commissioners court or to the entity with whom the court
3-6 contracts to perform the functions. The commissioners court may,
3-7 from time to time, change any designation it makes under this
3-8 subsection.
3-9 (f) If the county office is reestablished, an election to
3-10 fill the office shall be held on the date of the next general
3-11 election for state and county officers that occurs after the date
3-12 of the election reestablishing the office and that allows
3-13 sufficient time to comply with the requirements of law, including
3-14 the law regarding primary elections. A county officer elected at
3-15 that election serves until the person next elected to the office as
3-16 provided by law takes office.
3-17 (g) A county office that was abolished in a county as
3-18 provided by this constitution as it existed before January 1, 1998,
3-19 remains abolished unless reestablished as provided by this section.
3-20 The functions and records of the abolished office are transferred
3-21 in accordance with this constitution as it existed on the date of
3-22 the abolition, and the former constitutional provision remains in
3-23 effect for that purpose.
3-24 SECTION 2. Section 44(h), Article XVI, Texas Constitution,
3-25 as added by House Joint Resolution 37, Acts of the 73rd
3-26 Legislature, Regular Session, 1993, is repealed.
3-27 SECTION 3. This proposed constitutional amendment shall be
4-1 submitted to the voters at an election to be held November 4, 1997.
4-2 The ballot shall be printed to permit voting for or against the
4-3 proposition: "The constitutional amendment allowing the abolition
4-4 or reestablishment of certain county offices."