By Turner of Coleman                            H.J.R. No. 79

      75R4755 DRH-D                           

                                 A JOINT RESOLUTION

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

 1-2     constable in Coleman, Kimble, Mason, Menard, Schleicher, and

 1-3     Shackelford counties.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 18, Article V, Texas Constitution, is

 1-6     amended by amending Subsection (a) and adding Subsection (g) to

 1-7     read as follows:

 1-8           (a)  Each county in the State with a population of 30,000 or

 1-9     more, according to the most recent federal census, from time to

1-10     time, for the convenience of the people, shall be divided into not

1-11     less than four and not more than eight precincts.  Each county in

1-12     the State with a population of 18,000 or more but less than 30,000,

1-13     according to the most recent federal census, from time to time, for

1-14     the convenience of the people, shall be divided into not less than

1-15     two and not more than five precincts.  Each county in the State

1-16     with a population of less than 18,000, according to the most recent

1-17     federal census, from time to time, for the convenience of the

1-18     people, shall be designated as a single precinct or, if the

1-19     Commissioners Court determines that the county needs more than one

1-20     precinct, shall be divided into not more than four precincts.

1-21     Notwithstanding the population requirements of this subsection,

1-22     Chambers County, from time to time, for the convenience of the

1-23     people, shall be divided into not less than two and not more than

1-24     six precincts.  A division or designation under this subsection

 2-1     shall be made by the Commissioners Court provided for by this

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

 2-3     section, in each such precinct there shall be elected one Justice

 2-4     of the Peace and one Constable, each of whom shall hold his office

 2-5     for four years and until his successor shall be elected and

 2-6     qualified; provided that in a county with a population of less than

 2-7     150,000, according to the most recent federal census, in any

 2-8     precinct in which there may be a city of 18,000 or more

 2-9     inhabitants, there shall be elected two Justices of the Peace, and

2-10     in a county with a population of 150,000 or more, according to the

2-11     most recent federal census, each precinct may contain more than one

2-12     Justice of the Peace Court.

2-13           (g)  The office of Constable in Coleman, Kimble, Mason,

2-14     Menard, Schleicher, and Shackelford counties is abolished.  The

2-15     functions of the office are transferred to the appropriate County

2-16     Sheriff.  However, the office of Constable is abolished in Coleman,

2-17     Kimble, Mason, Menard, Schleicher, or Shackelford County under this

2-18     subsection only if, at the statewide election at which the

2-19     constitutional amendment providing for the abolition of the office

2-20     in that county is submitted to the voters, a majority of the voters

2-21     of that county voting on the question at that election favor the

2-22     amendment.

2-23           SECTION 2.  The following temporary provision is added to the

2-24     Texas Constitution:

2-25           TEMPORARY PROVISION.  (a)  The abolition of the office of

2-26     constable in Kimble, Mason, Menard, Schleicher, or Shackelford

2-27     County under the constitutional amendment proposed by the 75th

 3-1     Legislature, Regular Session, 1997, providing for the abolition of

 3-2     the office in those counties takes effect January 1, 1998, to the

 3-3     extent the conditions of Section 18(g), Article V, of this

 3-4     constitution, as added by that constitutional amendment, are met.

 3-5           (b)  The abolition of the office of constable in Coleman

 3-6     County under the constitutional amendment proposed by the 75th

 3-7     Legislature, Regular Session, 1997, providing for the abolition of

 3-8     the office in that county takes effect January 1, 2001, to the

 3-9     extent the conditions of Section 18(g), Article V, of this

3-10     constitution, as added by that constitutional amendment, are met.

3-11           (c)  This provision expires January 2, 2001.

3-12           SECTION 3.  This proposed constitutional amendment shall be

3-13     submitted to the voters at an election to be held on November 4,

3-14     1997.  The ballot shall be printed to permit voting for or against

3-15     the proposition:  "The constitutional amendment providing for the

3-16     abolition of the office of constable in Coleman, Kimble, Mason,

3-17     Menard, Schleicher, and Shackelford counties."