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."