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