By Madden H.J.R. No. 51
76R2261 PAM-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to abolish the office of
1-2 county surveyor in each county in the state.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 44(a), Article XVI, Texas Constitution,
1-5 is amended to read as follows:
1-6 (a) Except as otherwise provided by this section, the
1-7 Legislature shall prescribe the duties and provide for the election
1-8 by the qualified voters of each county in this State, of a County
1-9 Treasurer [and a County Surveyor], who shall have an office at the
1-10 county seat, and hold that [their] office for four years, and until
1-11 a successor is [their successors are] qualified; and shall have
1-12 such compensation as may be provided by law.
1-13 SECTION 2. Section 61, Article XVI, Texas Constitution, is
1-14 amended to read as follows:
1-15 Sec. 61. All district officers in the State of Texas and all
1-16 county officers in counties having a population of twenty thousand
1-17 (20,000) or more, according to the then last preceding Federal
1-18 Census, shall be compensated on a salary basis. In all counties in
1-19 this State, the Commissioners Courts shall be authorized to
1-20 determine whether precinct officers shall be compensated on a fee
1-21 basis or on a salary basis, with the exception that it shall be
1-22 mandatory upon the Commissioners Courts, to compensate all justices
1-23 of the peace, constables, deputy constables and precinct law
1-24 enforcement officers on a salary basis beginning January 1, 1973;
2-1 and in counties having a population of less than twenty thousand
2-2 (20,000), according to the then last preceding Federal Census, the
2-3 Commissioners Courts shall also have the authority to determine
2-4 whether county officers shall be compensated on a fee basis or on a
2-5 salary basis, with the exception that it shall be mandatory upon
2-6 the Commissioners Courts to compensate all sheriffs, deputy
2-7 sheriffs, county law enforcement officers including sheriffs who
2-8 also perform the duties of assessor and collector of taxes, and
2-9 their deputies, on a salary basis beginning January 1, 1949.
2-10 All fees earned by district, county and precinct officers
2-11 shall be paid into the county treasury where earned for the account
2-12 of the proper fund, provided that fees incurred by the State,
2-13 county and any municipality, or in case where a pauper's oath is
2-14 filed, shall be paid into the county treasury when collected and
2-15 provided that where any officer is compensated wholly on a fee
2-16 basis such fees may be retained by such officer or paid into the
2-17 treasury of the county as the Commissioners Court may direct. All
2-18 Notaries Public[, county surveyors] and public weighers shall
2-19 continue to be compensated on a fee basis.
2-20 SECTION 3. Section 65, Article XVI, Texas Constitution, is
2-21 amended to read as follows:
2-22 Sec. 65. Staggering Terms of Office--The following officers
2-23 elected at the General Election in November, 1954, and thereafter,
2-24 shall serve for the full terms provided in this Constitution:
2-25 (a) District Clerks; (b) County Clerks; (c) County Judges;
2-26 (d) Judges of the County Courts at Law, County Criminal Courts,
2-27 County Probate Courts and County Domestic Relations Courts; (e)
3-1 County Treasurers; (f) Criminal District Attorneys; (g) [County
3-2 Surveyors; (h)] Inspectors of Hides and Animals; (h) [(i)] County
3-3 Commissioners for Precincts Two and Four; (i) [(j)] Justices of the
3-4 Peace.
3-5 Notwithstanding other provisions of this Constitution, the
3-6 following officers elected at the General Election in November,
3-7 1954, shall serve only for terms of two (2) years: (a) Sheriffs;
3-8 (b) Assessors and Collectors of Taxes; (c) District Attorneys;
3-9 (d) County Attorneys; (e) Public Weighers; (f) County
3-10 Commissioners for Precincts One and Three; (g) Constables. At
3-11 subsequent elections, such officers shall be elected for the full
3-12 terms provided in this Constitution.
3-13 In any district, county or precinct where any of the
3-14 aforementioned offices is of such nature that two (2) or more
3-15 persons hold such office, with the result that candidates file for
3-16 "Place No. 1," "Place No. 2," etc., the officers elected at the
3-17 General Election in November, 1954, shall serve for a term of two
3-18 (2) years if the designation of their office is an uneven number,
3-19 and for a term of four (4) years if the designation of their office
3-20 is an even number. Thereafter, all such officers shall be elected
3-21 for the terms provided in this Constitution.
3-22 Provided, however, if any of the officers named herein shall
3-23 announce their candidacy, or shall in fact become a candidate, in
3-24 any General, Special or Primary Election, for any office of profit
3-25 or trust under the laws of this State or the United States other
3-26 than the office then held, at any time when the unexpired term of
3-27 the office then held shall exceed one (1) year, such announcement
4-1 or such candidacy shall constitute an automatic resignation of the
4-2 office then held, and the vacancy thereby created shall be filled
4-3 pursuant to law in the same manner as other vacancies for such
4-4 office are filled.
4-5 SECTION 4. Sections 44(e), (f), and (h), Article XVI, Texas
4-6 Constitution, are repealed.
4-7 SECTION 5. The following temporary provision is added to the
4-8 Texas Constitution:
4-9 TEMPORARY PROVISION. (a) This temporary provision applies
4-10 to the constitutional amendment proposed by the 76th Legislature,
4-11 Regular Session, 1999, abolishing the office of county surveyor in
4-12 each county in the state, and expires January 1, 2003.
4-13 (b) The amendments to Sections 44(a), 61, and 65, Article
4-14 XVI, of this constitution and the repeal of Sections 44(e), (f),
4-15 and (h), Article XVI, of this constitution:
4-16 (1) take effect January 1, 2000; and
4-17 (2) apply only to a term of office, an unexpired term
4-18 of office, or a vacancy in the office of county surveyor that
4-19 begins on or after January 1, 2000.
4-20 (c) A term of office, an unexpired term of office, or a
4-21 vacancy in the office of county surveyor that began before January
4-22 1, 2000, is governed by the constitutional provisions in effect
4-23 when the term, unexpired term, or vacancy in the office began, and
4-24 those constitutional provisions are continued in effect for that
4-25 purpose.
4-26 SECTION 6. This proposed constitutional amendment shall be
4-27 submitted to the voters at an election to be held November 2, 1999.
5-1 The ballot shall be printed to permit voting for or against the
5-2 proposition: "The constitutional amendment abolishing the office of
5-3 county surveyor in each county in the state."