77R9688 PAM-D
By Chisum, Lewis of Orange, Ramsay, H.J.R. No. 2
Lewis of Tarrant
Substitute the following for H.J.R. No. 2:
By Lewis of Tarrant C.S.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. If an
1-12 office of constable is declared dormant, the office may not be
1-13 filled by election or appointment and the previous officeholder
1-14 does not continue to hold the office under Subsection (a) of this
1-15 section or Section 17, Article XVI, of this constitution. The
1-16 records of an office of constable declared dormant are transferred
1-17 to the county clerk of the county. The commissioners court may
1-18 reinstate an office of constable declared dormant by vote of the
1-19 commissioners court or by calling an election in the precinct to
1-20 reinstate the office. The commissioners court shall call an
1-21 election to reinstate the office if the commissioners court
1-22 receives a petition signed by at least 10 percent of the qualified
2-1 voters of the precinct. If an election is called under this
2-2 subsection, the commissioners court shall order the ballot for the
2-3 election to be printed to permit voting for or against the
2-4 proposition: "Reinstating the office of Constable of Precinct No.
2-5 ____ that was previously declared dormant." The office of
2-6 constable is reinstated if a majority of the voters of the precinct
2-7 voting on the question at the election approve the reinstatement.
2-8 SECTION 2. This proposed constitutional amendment shall be
2-9 submitted to the voters at an election to be held November 5, 2002.
2-10 The ballot shall be printed to permit voting for or against the
2-11 proposition: "The constitutional amendment authorizing the
2-12 commissioners court of a county to declare the office of constable
2-13 in a precinct to be dormant if the office has not been filled by
2-14 election or appointment for a lengthy period and providing a
2-15 procedure for the reinstatement of the office."