1-1     By:  Sibley                                           S.J.R. No. 47

 1-2           (In the Senate - Filed April 14, 1997; April 16, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 24, 1997, reported favorably by the following

 1-5     vote:  Yeas 9, Nays 2; April 24, 1997, sent to printer.)

 1-6                           SENATE JOINT RESOLUTION

 1-7     proposing a constitutional amendment to abolish the office of

 1-8     constable in Jack County.

 1-9           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 18, Article V, Texas Constitution, is

1-11     amended by amending Subsection (a) and adding Subsection (g) to

1-12     read as follows:

1-13           (a)  Each county in the State with a population of 30,000 or

1-14     more, according to the most recent federal census, from time to

1-15     time, for the convenience of the people, shall be divided into not

1-16     less than four and not more than eight precincts.  Each county in

1-17     the State with a population of 18,000 or more but less than 30,000,

1-18     according to the most recent federal census, from time to time, for

1-19     the convenience of the people, shall be divided into not less than

1-20     two and not more than five precincts.  Each county in the State

1-21     with a population of less than 18,000, according to the most recent

1-22     federal census, from time to time, for the convenience of the

1-23     people, shall be designated as a single precinct or, if the

1-24     Commissioners Court determines that the county needs more than one

1-25     precinct, shall be divided into not more than four precincts.

1-26     Notwithstanding the population requirements of this subsection,

1-27     Chambers County, from time to time, for the convenience of the

1-28     people, shall be divided into not less than two and not more than

1-29     six precincts.  A division or designation under this subsection

1-30     shall be made by the Commissioners Court provided for by this

1-31     Constitution.  Except as provided by [Subsection (e) of] this

1-32     section, in each such precinct there shall be elected one Justice

1-33     of the Peace and one Constable, each of whom shall hold his office

1-34     for four years and until his successor shall be elected and

1-35     qualified; provided that in a county with a population of less than

1-36     150,000, according to the most recent federal census, in any

1-37     precinct in which there may be a city of 18,000 or more

1-38     inhabitants, there shall be elected two Justices of the Peace, and

1-39     in a county with a population of 150,000 or more, according to the

1-40     most recent federal census, each precinct may contain more than one

1-41     Justice of the Peace Court.

1-42           (g)  The office of Constable in Jack County is abolished.

1-43     The functions of the office are transferred to the County Sheriff.

1-44     However, the office of Constable is abolished under this subsection

1-45     only if, at the statewide election at which the constitutional

1-46     amendment providing for the abolition of the office in Jack County

1-47     is submitted to the voters, a majority of the voters of Jack County

1-48     voting on the question at that election favor the amendment.

1-49           SECTION 2.  The following temporary provision is added to the

1-50     Texas Constitution:

1-51           TEMPORARY PROVISION.  The abolition of the office of

1-52     constable in Jack County under the constitutional amendment

1-53     proposed by the 75th Legislature, Regular Session, 1997, providing

1-54     for the abolition of the office in that county takes effect January

1-55     1, 1998, if the conditions of Subsection (g), Section 18, Article

1-56     V, Texas Constitution, as added by that constitutional amendment,

1-57     are met.  This provision expires January 2, 1998.

1-58           SECTION 3.  This proposed constitutional amendment shall be

1-59     submitted to the voters at an election to be held on November 4,

1-60     1997.  The ballot shall be printed to provide for voting for or

1-61     against the proposition:  "The constitutional amendment providing

1-62     for the abolition of the office of constable in Jack County."

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