By Counts                                      H.J.R. No. 112

      75R9260 DRH-D                           

                                 A JOINT RESOLUTION

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

 1-2     constable in Knox County.

 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 Knox County is abolished.

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

2-14     However, the office of Constable is abolished under this subsection

2-15     only if, at the statewide election at which the constitutional

2-16     amendment providing for the abolition of the office in Knox County

2-17     is submitted to the voters, a majority of the voters of Knox County

2-18     voting on the question at that election favor the amendment.

2-19           SECTION 2.  The following temporary provision is added to the

2-20     Texas Constitution:

2-21           TEMPORARY PROVISION.  The abolition of the office of

2-22     constable in Knox County under the constitutional amendment

2-23     proposed by the 75th Legislature, Regular Session, 1997, providing

2-24     for the abolition of the office in that county takes effect January

2-25     1, 1998, if the conditions of Section 18(g), Article V, as added by

2-26     that constitutional amendment, are met.  This provision expires

2-27     January 2, 1998.

 3-1           SECTION 3.  This proposed constitutional amendment shall be

 3-2     submitted to the voters at an election to be held on November 4,

 3-3     1997.  The ballot shall be printed to provide for voting for or

 3-4     against the proposition:  "The constitutional amendment providing

 3-5     for the abolition of the office of constable in Knox County."