By Chisum, Lewis of Orange, Ramsay, H.J.R. No. 2
A JOINT RESOLUTION
1-1 proposing a constitutional amendment authorizing a commissioners
1-2 court of a county to declare the office of constable in certain
1-3 precincts dormant and providing a procedure for reinstatement of
1-4 the office.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 18, Article V, Texas Constitution, is
1-7 amended by adding Subsection (h) to read as follows:
1-8 (h) The commissioners court of a county may declare the
1-9 office of constable in a precinct dormant if at least seven
1-10 consecutive years have passed since the end of the term of the
1-11 person who was last elected or appointed to the office and during
1-12 that period of time no person was elected to fill that office, or
1-13 during that period a person was elected to that office, but the
1-14 person failed to meet the qualifications of that office or failed
1-15 to assume the duties of that office. If an office of constable is
1-16 declared dormant, the office may not be filled by election or
1-17 appointment and the previous officeholder does not continue to hold
1-18 the office under Subsection (a) of this section or Section 17,
1-19 Article XVI, of this constitution. The records of an office of
1-20 constable declared dormant are transferred to the county clerk of
1-21 the county. The commissioners court may reinstate an office of
1-22 constable declared dormant by vote of the commissioners court or by
1-23 calling an election in the precinct to reinstate the office. The
1-24 commissioners court shall call an election to reinstate the office
1-25 if the commissioners court receives a petition signed by at least
2-1 10 percent of the qualified voters of the precinct. If an election
2-2 is called under this subsection, the commissioners court shall
2-3 order the ballot for the election to be printed to permit voting
2-4 for or against the proposition: "Reinstating the office of
2-5 Constable of Precinct No. ____ that was previously declared
2-6 dormant." The office of constable is reinstated if a majority of
2-7 the voters of the precinct voting on the question at the election
2-8 approve the reinstatement.
2-9 SECTION 2. This proposed constitutional amendment shall be
2-10 submitted to the voters at an election to be held November 5, 2002.
2-11 The ballot shall be printed to permit voting for or against the
2-12 proposition: "The constitutional amendment authorizing the
2-13 commissioners court of a county to declare the office of constable
2-14 in a precinct to be dormant if the office has not been filled by
2-15 election or appointment for a lengthy period and providing a
2-16 procedure for the reinstatement of the office."