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."
1-63 * * * * *