By West                                               H.J.R. No. 25
         76R2416 PAM-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment permitting county constables
 1-2     to be compensated on a fee basis in addition to a salary basis.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 61, Article XVI, Texas Constitution, is
 1-5     amended to read as follows:
 1-6           Sec. 61.  All district officers in the State of Texas and all
 1-7     county officers in counties having a population  of twenty thousand
 1-8     (20,000) or more, according to the then last preceding Federal
 1-9     Census, shall be compensated on a salary basis.  In all counties in
1-10     this State, the Commissioners Courts shall be authorized to
1-11     determine whether precinct officers shall be compensated on a fee
1-12     basis or on a salary basis, with the exception that it shall be
1-13     mandatory upon the Commissioners Courts, to compensate all justices
1-14     of the peace, constables, deputy constables and precinct law
1-15     enforcement officers on a salary basis beginning January 1, 1973;
1-16     and in counties having a population of less than twenty thousand
1-17     (20,000), according to the then last preceding Federal Census, the
1-18     Commissioners Courts shall also have the authority to determine
1-19     whether county officers shall be compensated on a fee basis or on a
1-20     salary basis, with the exception that it shall be mandatory upon
1-21     the Commissioners Courts to compensate all sheriffs, deputy
1-22     sheriffs, county law enforcement officers including sheriffs who
1-23     also perform the duties of assessor and collector of taxes, and
1-24     their deputies, on a salary basis beginning January 1, 1949.  The
 2-1     Commissioners Court of a county may compensate constables on a fee
 2-2     basis in addition to a salary basis.
 2-3           All fees earned by district, county and precinct officers
 2-4     shall be paid into the county treasury where earned for the account
 2-5     of the proper fund, provided that fees incurred by the State,
 2-6     county and any municipality, or in case where a pauper's oath is
 2-7     filed, shall be paid into the county treasury when collected and
 2-8     provided that where any officer is compensated wholly on a fee
 2-9     basis such fees may be retained by such officer or paid into the
2-10     treasury of the county as the Commissioners Court may direct.  All
2-11     Notaries Public, county surveyors and public weighers shall
2-12     continue to be compensated on a fee basis.
2-13           SECTION 2.  This proposed constitutional amendment shall be
2-14     submitted to the voters at an election to be held November 2, 1999.
2-15     The ballot shall be printed to permit voting for or against the
2-16     proposition:  "The constitutional amendment permitting county
2-17     constables to be compensated on a fee basis in addition to a salary
2-18     basis."