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."