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."