By Chisum                                              H.J.R. No. 2
         77R5553 PAM-D                           
                                 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 eight
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
1-23     voters of the precinct.  If an election is called under this
1-24     subsection, the commissioners court shall order the ballot for the
 2-1     election to be printed to permit voting for or against the
 2-2     proposition: "Reinstating the office of Constable of Precinct No.
 2-3     ____ that was previously declared dormant."  The office of
 2-4     constable is reinstated if a majority of the voters of the precinct
 2-5     voting on the question at the election approve the reinstatement.
 2-6           SECTION 2. This proposed constitutional amendment shall be
 2-7     submitted to the voters at an election to be held November 5, 2002.
 2-8     The ballot shall be printed to permit voting for or against the
 2-9     proposition: "The constitutional amendment authorizing the
2-10     commissioners court of a county to declare the office of constable
2-11     in a precinct to be dormant if the office has not been filled by
2-12     election or appointment for a lengthy period and providing a
2-13     procedure for the reinstatement of the office."