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."