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
 2-1     if the commissioners court receives a petition signed by at least
 2-2     10 percent of the qualified voters of the precinct.  If an election
 2-3     is called under this subsection, the commissioners court shall
 2-4     order the ballot for the election to be printed to permit voting
 2-5     for or against the proposition: "Reinstating the office of
 2-6     Constable of Precinct No. ____ that was previously declared
 2-7     dormant."  The office of constable is reinstated if a majority of
 2-8     the voters of the precinct voting on the question at the election
 2-9     approve the reinstatement.
2-10           SECTION 2. This proposed constitutional amendment shall be
2-11     submitted to the voters at an election to be held November 5, 2002.
2-12     The ballot shall be printed to permit voting for or against the
2-13     proposition: "The constitutional amendment authorizing the
2-14     commissioners court of a county to declare the office of constable
2-15     in a precinct to be dormant if the office has not been filled by
2-16     election or appointment for a lengthy period and providing a
2-17     procedure for the reinstatement of the office."
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.J.R. No. 2 was passed by the House on April
         30, 2001, by the following vote:  Yeas 135, Nays 9, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.J.R. No. 2 was passed by the Senate on May
         18, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         RECEIVED:  _____________________
                            Date
                    _____________________
                      Secretary of State