HBA-DMD H.J.R. 71 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 71
By: Homer
County Affairs
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Constitution specifies three population categories which
determine the minimum and maximum number of county justice of the peace
precincts (precinct), with an exception for Chambers County. The upcoming
census will require at least three counties to move into a higher category
and will require one county to double its number of current precincts.
These counties are rural and geographically small and doubling the numbers
of precincts may create a financial burden on their budgets or cause the
unnecessary duplication of current services. As proposed, H.J.R. 71
requires the submission to the voters of a constitutional amendment raising
the amount of population needed to create additional precincts.  

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(a), Article V, Texas Constitution, to require
each county in the state with a population of 50,000, rather than 30,000,
or more, according to the most recent federal census, from time to time,
for the convenience of the people, to be divided into not less than four
and not more than eight precincts. Requires each county in the state with a
population of 18,000 or more but less than 50,000, rather than 30,000,
according to the most recent federal census, from time to time, for the
convenience of the people, to be divided into not less than two and not
more than eight, rather than five, precincts. Deletes Subsection (e) as the
exception to the requirement that for each such precinct there be elected
one Justice of the Peace and one Constable, each of whom are required to
hold office for four years and until a successor is elected and qualified
in certain counties. 

SECTION 2. 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.