By Junell                                       H.J.R. No. 76

      75R5474 DRH-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to abolish the office of

 1-2     constable in Coke and Irion counties.

 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 18, Article V, Texas Constitution, is

 1-5     amended by amending Subsection (a) and adding Subsection (g) to

 1-6     read as follows:

 1-7           (a)  Each county in the State with a population of 30,000 or

 1-8     more, according to the most recent federal census, from time to

 1-9     time, for the convenience of the people, shall be divided into not

1-10     less than four and not more than eight precincts.  Each county in

1-11     the State with a population of 18,000 or more but less than 30,000,

1-12     according to the most recent federal census, from time to time, for

1-13     the convenience of the people, shall be divided into not less than

1-14     two and not more than five precincts.  Each county in the State

1-15     with a population of less than 18,000, according to the most recent

1-16     federal census, from time to time, for the convenience of the

1-17     people, shall be designated as a single precinct or, if the

1-18     Commissioners Court determines that the county needs more than one

1-19     precinct, shall be divided into not more than four precincts.

1-20     Notwithstanding the population requirements of this subsection,

1-21     Chambers County, from time to time, for the convenience of the

1-22     people, shall be divided into not less than two and not more than

1-23     six precincts.  A division or designation under this subsection

1-24     shall be made by the Commissioners Court provided for by this

 2-1     Constitution.  Except as provided by [Subsection (e) of] this

 2-2     section, in each such precinct there shall be elected one Justice

 2-3     of the Peace and one Constable, each of whom shall hold his office

 2-4     for four years and until his successor shall be elected and

 2-5     qualified; provided that in a county with a population of less than

 2-6     150,000, according to the most recent federal census, in any

 2-7     precinct in which there may be a city of 18,000 or more

 2-8     inhabitants, there shall be elected two Justices of the Peace, and

 2-9     in a county with a population of 150,000 or more, according to the

2-10     most recent federal census, each precinct may contain more than one

2-11     Justice of the Peace Court.

2-12           (g)  The office of Constable in Coke and Irion counties is

2-13     abolished.  The functions of the office are transferred to the

2-14     appropriate County Sheriff.  However, the office of Constable is

2-15     abolished in Coke County under this subsection only if, at the

2-16     statewide election at which the constitutional amendment providing

2-17     for the abolition of the office in that county is submitted to the

2-18     voters, a majority of the voters of that county voting on the

2-19     question at that election favor the amendment.

2-20           SECTION 2.  The following temporary provision is added to the

2-21     Texas Constitution:

2-22           TEMPORARY PROVISION.  The abolition of the office of

2-23     constable in Coke or Irion County under the constitutional

2-24     amendment proposed by the 75th Legislature, Regular Session, 1997,

2-25     providing for the abolition of the office in those counties takes

2-26     effect January 1, 1998, to the extent the conditions, if any, of

2-27     Section 18(g), Article V, as added by that constitutional

 3-1     amendment, are met.  This provision expires January 2, 1998.

 3-2           SECTION 3.  This proposed constitutional amendment shall be

 3-3     submitted to the voters at an election to be held on November 4,

 3-4     1997.  The ballot shall be printed to permit voting for or against

 3-5     the proposition:  "The constitutional amendment providing for the

 3-6     abolition of the office of constable in Coke and Irion counties."