By Uher H.J.R. No. 74
75R324 PAM-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to change the name of the
1-2 county tax assessor-collector to county comptroller.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 14, Article VIII, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 14. Except as provided in Section 16 of this Article,
1-7 there shall be elected by the qualified voters of each county, a
1-8 county comptroller [an Assessor and Collector of Taxes], who shall
1-9 hold his office for four years and until his successor is elected
1-10 and qualified; and such county comptroller [Assessor and Collector
1-11 of Taxes] shall perform all the duties with respect to assessing
1-12 property for the purpose of taxation and of collecting taxes, as
1-13 may be prescribed by the Legislature.
1-14 SECTION 2. Section 16, Article VIII, Texas Constitution, is
1-15 amended to read as follows:
1-16 Sec. 16. The Sheriff of each county, in addition to his
1-17 other duties, shall be the county comptroller [Assessor and
1-18 Collector of Taxes] therefor; but, in counties having 10,000 or
1-19 more inhabitants, to be determined by the last preceding census of
1-20 the United States, a county comptroller [an Assessor and Collector
1-21 of Taxes] shall be elected as provided in Section 14 of this
1-22 Article, and shall hold office for four years and until his
1-23 successor shall be elected and qualified.
1-24 SECTION 3. Section 16a, Article VIII, Texas Constitution, is
2-1 amended to read as follows:
2-2 Sec. 16a. In any county having a population of less than ten
2-3 thousand (10,000) inhabitants, as determined by the last preceding
2-4 census of the United States, the Commissioners Court may submit to
2-5 the qualified property taxpaying voters of such county at an
2-6 election the question of adding a county comptroller [an
2-7 Assessor-Collector of Taxes] to the list of authorized county
2-8 officials. If a majority of such voters voting in such election
2-9 shall approve of adding a county comptroller [an Assessor-Collector
2-10 of Taxes] to such list, then such official shall be elected at the
2-11 next General Election for such Constitutional term of office as is
2-12 provided for other county comptrollers [Tax Assessor-Collectors] in
2-13 this State.
2-14 SECTION 4. Section 61, Article XVI, Texas Constitution, is
2-15 amended to read as follows:
2-16 Sec. 61. All district officers in the State of Texas and all
2-17 county officers in counties having a population of twenty thousand
2-18 (20,000) or more, according to the then last preceding Federal
2-19 Census, shall be compensated on a salary basis. In all counties in
2-20 this State, the Commissioners Courts shall be authorized to
2-21 determine whether precinct officers shall be compensated on a fee
2-22 basis or on a salary basis, with the exception that it shall be
2-23 mandatory upon the Commissioners Courts, to compensate all justices
2-24 of the peace, constables, deputy constables and precinct law
2-25 enforcement officers on a salary basis beginning January 1, 1973;
2-26 and in counties having a population of less than twenty thousand
2-27 (20,000), according to the then last preceding Federal Census, the
3-1 Commissioners Courts shall also have the authority to determine
3-2 whether county officers shall be compensated on a fee basis or on a
3-3 salary basis, with the exception that it shall be mandatory upon
3-4 the Commissioners Courts to compensate all sheriffs, deputy
3-5 sheriffs, county law enforcement officers including sheriffs who
3-6 also perform the duties of county comptroller [assessor and
3-7 collector of taxes], and their deputies, on a salary basis
3-8 beginning January 1, 1949.
3-9 All fees earned by district, county and precinct officers
3-10 shall be paid into the county treasury where earned for the account
3-11 of the proper fund, provided that fees incurred by the State,
3-12 county and any municipality, or in case where a pauper's oath is
3-13 filed, shall be paid into the county treasury when collected and
3-14 provided that where any officer is compensated wholly on a fee
3-15 basis such fees may be retained by such officer or paid into the
3-16 treasury of the county as the Commissioners Court may direct. All
3-17 Notaries Public, county surveyors and public weighers shall
3-18 continue to be compensated on a fee basis.
3-19 SECTION 5. Section 65, Article XVI, Texas Constitution, is
3-20 amended to read as follows:
3-21 Sec. 65. Staggering Terms of Office--The following officers
3-22 elected at the General Election in November, 1954, and thereafter,
3-23 shall serve for the full terms provided in this Constitution:
3-24 (a) District Clerks; (b) County Clerks; (c) County Judges;
3-25 (d) Judges of the County Courts at Law, County Criminal Courts,
3-26 County Probate Courts and County Domestic Relations Courts; (e)
3-27 County Treasurers; (f) Criminal District Attorneys; (g) County
4-1 Surveyors; (h) Inspectors of Hides and Animals; (i) County
4-2 Commissioners for Precincts Two and Four; (j) Justices of the
4-3 Peace.
4-4 Notwithstanding other provisions of this Constitution, the
4-5 following officers elected at the General Election in November,
4-6 1954, shall serve only for terms of two (2) years: (a) Sheriffs;
4-7 (b) County Comptrollers [Assessors and Collectors of Taxes]; (c)
4-8 District Attorneys; (d) County Attorneys; (e) Public Weighers; (f)
4-9 County Commissioners for Precincts One and Three; (g) Constables.
4-10 At subsequent elections, such officers shall be elected for the
4-11 full terms provided in this Constitution.
4-12 In any district, county or precinct where any of the
4-13 aforementioned offices is of such nature that two (2) or more
4-14 persons hold such office, with the result that candidates file for
4-15 "Place No. 1," "Place No. 2," etc., the officers elected at the
4-16 General Election in November, 1954, shall serve for a term of two
4-17 (2) years if the designation of their office is an uneven number,
4-18 and for a term of four (4) years if the designation of their office
4-19 is an even number. Thereafter, all such officers shall be elected
4-20 for the terms provided in this Constitution.
4-21 Provided, however, if any of the officers named herein shall
4-22 announce their candidacy, or shall in fact become a candidate, in
4-23 any General, Special or Primary Election, for any office of profit
4-24 or trust under the laws of this State or the United States other
4-25 than the office then held, at any time when the unexpired term of
4-26 the office then held shall exceed one (1) year, such announcement
4-27 or such candidacy shall constitute an automatic resignation of the
5-1 office then held, and the vacancy thereby created shall be filled
5-2 pursuant to law in the same manner as other vacancies for such
5-3 office are filled.
5-4 SECTION 6. This proposed constitutional amendment shall be
5-5 submitted to the voters at an election to be held November 4, 1997.
5-6 The ballot shall be printed to permit voting for or against the
5-7 proposition: "The constitutional amendment to change the name of
5-8 the county tax assessor-collector to county comptroller."