1-1 By: Chisum, et al. (Senate Sponsor - Madla) H.J.R. No. 2 1-2 (In the Senate - Received from the House May 1, 2001; 1-3 May 2, 2001, read first time and referred to Committee on 1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the 1-5 following vote: Yeas 5, Nays 0; May 9, 2001, sent to printer.) 1-6 HOUSE JOINT RESOLUTION 1-7 proposing a constitutional amendment authorizing a commissioners 1-8 court of a county to declare the office of constable in certain 1-9 precincts dormant and providing a procedure for reinstatement of 1-10 the office. 1-11 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 18, Article V, Texas Constitution, is 1-13 amended by adding Subsection (h) to read as follows: 1-14 (h) The commissioners court of a county may declare the 1-15 office of constable in a precinct dormant if at least seven 1-16 consecutive years have passed since the end of the term of the 1-17 person who was last elected or appointed to the office and during 1-18 that period of time no person was elected to fill that office, or 1-19 during that period a person was elected to that office, but the 1-20 person failed to meet the qualifications of that office or failed 1-21 to assume the duties of that office. If an office of constable is 1-22 declared dormant, the office may not be filled by election or 1-23 appointment and the previous officeholder does not continue to hold 1-24 the office under Subsection (a) of this section or Section 17, 1-25 Article XVI, of this constitution. The records of an office of 1-26 constable declared dormant are transferred to the county clerk of 1-27 the county. The commissioners court may reinstate an office of 1-28 constable declared dormant by vote of the commissioners court or by 1-29 calling an election in the precinct to reinstate the office. The 1-30 commissioners court shall call an election to reinstate the office 1-31 if the commissioners court receives a petition signed by at least 1-32 10 percent of the qualified voters of the precinct. If an election 1-33 is called under this subsection, the commissioners court shall 1-34 order the ballot for the election to be printed to permit voting 1-35 for or against the proposition: "Reinstating the office of 1-36 Constable of Precinct No. ____ that was previously declared 1-37 dormant." The office of constable is reinstated if a majority of 1-38 the voters of the precinct voting on the question at the election 1-39 approve the reinstatement. 1-40 SECTION 2. This proposed constitutional amendment shall be 1-41 submitted to the voters at an election to be held November 5, 2002. 1-42 The ballot shall be printed to permit voting for or against the 1-43 proposition: "The constitutional amendment authorizing the 1-44 commissioners court of a county to declare the office of constable 1-45 in a precinct to be dormant if the office has not been filled by 1-46 election or appointment for a lengthy period and providing a 1-47 procedure for the reinstatement of the office." 1-48 * * * * *