HBA-DMD H.J.R. 33 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 33 By: Chisum County Affairs 2/18/1999 Introduced BACKGROUND AND PURPOSE The office of Constable in Hemphill County has been vacant for more than twenty years. The elimination of this position requires a constitutional amendment. As proposed, H.J.R. 33 requires the submission to the voters of a constitutional amendment eliminating the office of Constable in Hemphill County. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 18, Article V, Texas Constitution, by amending Subsection (a) and adding Subsection (h), as follows: (a) Makes a conforming change by deleting the reference to Subsection (e) as the only exception to the requirement that each such precinct elect one Justice of the Peace and one Constable for a four-year term. Subsection (e) abolishes the office of Constable in Mills County and transfers the powers, duties, and records of the Constable office to the County Sheriff. (h) Abolishes the office of Constable in Hemphill County and transfers the office's functions to the County Sheriff. Provides that the office of Constable is abolished only if at a statewide election the constitutional amendment abolishing the office in Hemphill County is submitted to the voters and a majority of the voters in Hemphill County favor the amendment. SECTION 2. Adds the following temporary provision to the Texas Constitution: TEMPORARY PROVISION. Sets forth that the abolishment of the office of Constable in Hemphill County under the constitutional amendment proposed by the 76th Legislature, Regular Session, 1999, takes effect January 1, 2000, provided that the conditions of Section 18(h), Article V, as added by the constitutional amendment are met. Establishes that this provision expires January 2, 2000. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.