SRC-SEW H.J.R. 2 77(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 2
By: Chisum (Madla)
Intergovernmental Relations
5/5/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a commissioners court of a county is not required to
fill a vacancy in the office of constable. However, according to Attorney
General Opinion JC-0140, it may be possible for a county to be held liable
for not filling the office.  H.J.R. 2 requires the submission to the voters
of a constitutional amendment authorizing the commissioners court of a
county to declare the office of constable in a precinct to be dormant and
provides a procedure for the reinstatement of the office. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 18, Article V, Texas Constitution, by adding
Subsection (h), as follows: 
 
(h)  Authorizes the commissioners court of a county to declare the office
of constable in a precinct dormant under certain conditions.  Prohibits the
office of constable, if declared dormant, from being filled by election or
appointment and provides that the previous officeholder does not continue
to hold the office under Subsection (a) of this section or Section 17,
Article XVI, of this constitution.  Provides that the records of an office
of constable declared dormant are transferred to the county clerk of the
county. Authorizes the commissioners court to reinstate an office of
constable declared dormant by vote of the commissioners court or by calling
an election in the precinct to reinstate the office.  Requires the
commissioners court to call an election to reinstate the office under
certain conditions and sets forth guidelines regarding such an election. 
 
SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 5, 2002.  Requires the
ballot to be printed to permit voting for or against the proposition: "The
constitutional amendment authorizing the commissioners court of a county to
declare the office of constable in a precinct to be dormant if the office
has not been filled by election or appointment for a lengthy period and
providing a procedure for the reinstatement of the office."