By Denny                                        H.J.R. No. 48

      75R3792 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, 1998,

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 4, 1997.

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."