HBA-NLM H.J.R. 34 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 34
By: Chisum
County Affairs
2/19/1999
Introduced



BACKGROUND AND PURPOSE 

The Hall County Commissioners Court has proposed by resolution to eliminate
the office of constable in that county and to allow the duties of that
office to be performed by the sheriff's office. As proposed, H.J.R. 34
requires the submission to the voters of a constitutional amendment
abolishing the office of constable in Hall 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 by adding Subsection (h), as follows: 

(a) Provides an exception under the provisions of this section, rather than
under the provisions of Subsection (e) of this section. 

(h)  Abolishes  the office of constable in Hall County and transfers the
functions of the office to the county sheriff. Provides for the abolishment
of the office of constable under this section only if, at the statewide
election at which that question is put before the voters, a majority of the
voters of Hall County favor the constitutional amendment which provides for
the abolition of the constable's office in Hall County. 

SECTION 2.  Adds a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION.  Sets forth that the abolition of the office of
constable in Hall County under the constitutional amendment proposed by the
76th Legislature, Regular Session, 1999, providing for the abolition of the
office in that county, takes effect January 1, 2000, if the conditions of
Section 18(h), Article V, as added by that constitutional amendment, are
met.  Provides 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.