By Chisum                                             H.J.R. No. 35
         76R2493 DRH-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to abolish the office of
 1-2     constable in Childress County.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 18, Article V, Texas Constitution, is
 1-5     amended by amending Subsection (a) and adding Subsection (h) to
 1-6     read as follows:
 1-7           (a)  Each county in the State with a population of 30,000 or
 1-8     more, according to the most recent federal census, from time to
 1-9     time, for the convenience of the people, shall be divided into not
1-10     less than four and not more than eight precincts.  Each county in
1-11     the State with a population of 18,000 or more but less than 30,000,
1-12     according to the most recent federal census, from time to time, for
1-13     the convenience of the people, shall be divided into not less than
1-14     two and not more than five precincts.  Each county in the State
1-15     with a population of less than 18,000, according to the most recent
1-16     federal census, from time to time, for the convenience of the
1-17     people, shall be designated as a single precinct or, if the
1-18     Commissioners Court determines that the county needs more than one
1-19     precinct, shall be divided into not more than four precincts.
1-20     Notwithstanding the population requirements of this subsection,
1-21     Chambers County, from time to time, for the convenience of the
1-22     people, shall be divided into not less than two and not more than
1-23     six precincts.  A division or designation under this subsection
1-24     shall be made by the Commissioners Court provided for by this
 2-1     Constitution.  Except as provided by [Subsection (e) of] this
 2-2     section, in each such precinct there shall be elected one Justice
 2-3     of the Peace and one Constable, each of whom shall hold his office
 2-4     for four years and until his successor shall be elected and
 2-5     qualified; provided that in a county with a population of less than
 2-6     150,000, according to the most recent federal census, in any
 2-7     precinct in which there may be a city of 18,000 or more
 2-8     inhabitants, there shall be elected two Justices of the Peace, and
 2-9     in a county with a population of 150,000 or more, according to the
2-10     most recent federal census, each precinct may contain more than one
2-11     Justice of the Peace Court.
2-12           (h)  The office of Constable in Childress County is
2-13     abolished.  The functions of the office are transferred to the
2-14     County Sheriff.  However, the office of Constable is abolished
2-15     under this subsection only if, at the statewide election at which
2-16     the constitutional amendment providing for the abolition of the
2-17     office in Childress County is submitted to the voters, a majority
2-18     of the voters of Childress County voting on the question at that
2-19     election favor the amendment.
2-20           SECTION 2.  The following temporary provision is added to the
2-21     Texas Constitution:
2-22           TEMPORARY PROVISION.  The abolition of the office of
2-23     constable in Childress County under the constitutional amendment
2-24     proposed by the 76th Legislature, Regular Session, 1999, providing
2-25     for the abolition of the office in that county takes effect January
2-26     1, 2000, if the conditions of Section 18(h), Article V, as added by
2-27     that constitutional amendment, are met.  This provision expires
 3-1     January 2, 2000.
 3-2           SECTION 3.  This proposed constitutional amendment shall be
 3-3     submitted to the voters at an election to be held on November 2,
 3-4     1999.  The ballot shall be printed to provide for voting for or
 3-5     against the proposition:  "The constitutional amendment providing
 3-6     for the abolition of the office of constable in Childress County."